Magistrate Court
Under no circumstances will any Magistrate Judge discuss a matter with either party prior to a hearing. Magistrate Court staff is not allowed to give legal advice. Please consult legal counsel if you have questions. All filing fees are due at the time of filing and are non-refundable.
The following is a list of major functions of Magistrate Court. There are numerous other constitutional duties including roles under County Ordinances that the Court performs, therefore this is not intended to list all duties.
Civil Cases
- Civil cases filed in the Magistrate Court can be for monetary remedies only. Claims must be under $15,000 including contract disputes, personal injury, damage to property and any other civil claims.
- When filing Dispossessory cases, including landlord/tenant and foreclosures, the property must be clearly marked on the mailbox and the house, apartment or duplex. Petitions for Dispossession of Tenant that request a money judgment require Personal Service of the tenant. After the Writ of Possession is signed, the Sheriff's Department will contact the plaintiff to schedule the set out. If an eviction is scheduled for a day that has inclement weather, the Sheriff's Department will reschedule the appointment. No Writs will be executed in temperatures of 34 degrees or below unless the tenant has already vacated the premises, leaving no items of personal property at the premises.
- Garnishments (wages and accounts) filed with Magistrate Court must include a copy of the judgment. If you are not familiar with the process of filing a garnishment, contact our office or an attorney first. There are many different requirements.
- Abandoned motor vehicle cases / Abandoned mobile home cases
- Personal property foreclosures, order to obtain possession of secured property due to default in payments
- Fieri Facias (FiFas)
- Levy on property to collect judgment
Mediation Program
- Mediators are present for all civil cases including dispossessories. Georgia Law requires the parties to attempt to resolve their cases before we can try the case.
- Mediators mediate Dispossessory disputes each Tuesday and Thursday mornings at 9:00 am.
- Mediators mediate civil cases each Wednesday morning at 9:00 am and on each Wednesday afternoon at 1:00 pm.
- This excellent Mediator Program is sponsored by the 7th District Court Administrator’s Office at no cost to Floyd County. A $7.00 fee is added on to each civil case filed in Magistrate Court and these funds are send directly to their office to be used to pay the mediators.
Criminal
- Execute arrest warrants and search warrants for all law enforcement agencies, including but not limited to the FCSO, FCPD, RPD, GBI, State Patrol, Department of Natural Resources, and Department of Drivers Services; 24/7
- Hear first appearances and Bond hearings - 6 days a week
- Conduct Preliminary Hearings
- Handle civilian warrant applications and conduct warrant application hearings
- Deposit Account Fraud (bad check) cases
- Alcohol cases, underage possession and furnishing alcohol to a minor
- Animal control cases
- Solid waste cases - littering cases (Ordinance)
- Building inspection cases, including ULDC (Uniform Land Development Code), UPMC (Uniform Property Maintenance Code), IRC (International Residential Code) and (NEC) National Electrical Code
- State Litter violations (O.C.G.A.)
- Parking violations
- Noise violations
- Other county ordinance violations
Private Probation Services
Supervision Services, Inc. provides probation services to Magistrate Court at no cost to Floyd County. Their fees are paid in full by the probationers. The services they provide to the Court include:
- The Defendants placed on probation report directly to the offices of SSI as directed by the Court or their probation officer
- Collect court fines as ordered by the Court
- Collect restitution as ordered by the Court
- Schedule community service as ordered by the Court
- Schedule rehabilitation class/courses as ordered by the Court
- Supervise compliance with special conditions of probation, for example clean up debris at a site, remove structure not in compliance with codes, et cetera.
Floyd County Sheriff's Office
The Floyd County Sheriff’s Office performs numerous functions for the Court and the citizens of Floyd County, including but not limited to the following:
- Serve all civil papers
- Execute dispossessory writs of execution
- Execute levy writs
- Execute Nulla Bona writs
- Execute personal property foreclosures
- Provide courtroom security
