I filed a claim in Magistrate court for money owed to me, the defendant filed a counter claim including personal items.

Asked about 3 years ago - Holly Springs, GA

The defendant hired an attorney for Magistrate court which was unnecessary then he filed a counterclaim, the Magistrate Judge sent it to Superior Court. What do I do to file an answer and counterclaim.

Attorney answers (2)

  1. David Jason Merbaum

    Contributor Level 12
    Best Answer
    chosen by asker

    Answered . The reason it was sent to superior court is because eitehr the counterclaim exceeded the amount allowed in Mag Ct or the claim was outside what the Mag court could do. I do suggest that you answer the counterclaim and asset whatever affirmative defenses you need to assert. I do not suggest letting a pleading go unresponded to, especially under GA law which differs from other jurisdictions

  2. Pamela Koslyn

    Contributor Level 20

    Answered . You don't need to file a counterclaim if you filed a claim in the first place. As for the answer, you can either hire a lawyer, or buy a good "how to" guide about your state's Magistrate courts to help you.

    I'm only licensed in CA. Please note that this answer does not constitute legal advice, and should not be relied... more

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