Magistrate Court

Welcome to the Toombs County Magistrate Court Website. We exist to serve the citizens of Toombs County. This website has been designed to provide citizens with the most current and convenient information available regarding our process and procedures. We hope you will find the website useful and convenient in obtaining information on the operations of the Toombs County Magistrate Court.

For your convenience, eFiling is now available through PeachCourt for civil suits, dispossessions, and garnishments. This allows for faster, more efficient filing and access to case information.

Office Hours: Monday – Friday 8:30 AM to 5:00 PM
Address: 100 Courthouse Square, Suite 255 Lyons, GA 30436
Phone: 912-526-4602
Chief Magistrate: Jack E. McMillan
Magistrate Judges: Deborah A. Sanders and Van Phillips

Civil Suits

Magistrate Court is Georgia’s court for small claims. Its purpose is to allow people to resolve relatively minor conflicts such as property damage, failure to pay a debt, or properly perform a service. Magistrate courts have jurisdiction for civil suits where damages are $15,000 or less. The law requires that certain steps are to be followed and certain evidence presented for the court to grant a judgment. Although any person may file a suit without an attorney, we strongly encourage that you consult an attorney about the matter. Our office is prohibited by state law to render or furnish legal services or advice.

Dispossessory Actions (Landlord-Tenant)

Magistrate courts have jurisdiction to hear landlord-tenant cases including dispossessory actions. A dispossessory action refers to eviction proceedings brought by a landlord against a tenant. Landlord­ tenant disputes usually arises when a tenant fails to pay rent. In such cases, landlords may seek possession of the property, seek a distress warrant or sue for back rent.

A landlord can legally remove a tenant or the tenant’s property from rented premises only with express permission from the tenant, or by filling a dispossessory action in magistrate court and obtaining a writ of possession. A writ of possession is an order from the court giving the landlord full legal right and possession to his property and ordering the sheriff or his deputies to remove the person and/or their belongings from the rental unit.

Criminal Action Court

An individual who believes that he or she has been a victim of a crime and the police have not taken an arrest warrant for the accused may file an application in Magistrate Court requesting a warrant for the arrest of another person. There is no cost for acts of domestic violence or a sex crime.

Toombs County Magistrate Fee Increase
Effective July 1st, 2024
(Due to the States increase of the Sheriff’s Retirement Fund our fees have increased)

Civil Suits:

  • $109.00 (this includes $50.00 service fee for Deputy).
  • $50.00 when filing on more than one Defendant.
  • $50.00 reservice fee.

Trover:

  • $109.00 (this includes $50.00 service fee for Deputy).
  • $50.00 pickup fee by Sheriff Deputy.

Foreclosure of Personal Property:

  • $85.00 (this includes $50.00 service fee for Deputy).
  • $50.00 for Writ of Possession for Foreclosure.

Dispossessory:

  • $85.00 (this includes service fee for Deputy, filing fee & Writ of Possession).
  • $25.00 additional for service on multiple Defendant(s) or “and all others.” ($110.00)
  • $85.00 fee to reschedule Writ of Possession.

Garnishment:

  • $109.00 (this includes $50.00 service fee for Deputy).

Interrogatories:

  • $60.00 (this includes $50.00 service fee for Deputy).

Writ of Fieri Facias (FiFa):

  • $29.00 ($25.00 payable to Toombs County Clerk of Court & $4.00 payable to Toombs County Magistrate Court).

Case Transfer to Other County:

  • $50.00 Filing Fee

Pre-Warrant Application:

  • $20.00 filing fee.
  • $100.00 fine for Unwarranted Misdemeanor charge or cancellation.
  • $150.00 fine for Unwarranted Felony charge or cancellation.

Issuance of Witness Subpoena:

  • $5.00 filing fee (requesting party must serve Subpoena upon witness).
  • $55.00 filing fee for Subpoena and service (Subpoena will be served to witness by Sheriff Deputy).

Deposit Account Fraud:

  • $20.00 filing fee (bad check citation or bad check warrant).

Abandoned Motor Vehicle or Mobile Home:

  • $45.00 filing fee.

RULES OF CONDUCT FOR MAGISTRATE COURT OF TOOMBS COUNTY

  1. TIMELINESS: THE MAGISTRATE COURT WILL PROCEED TO DISPOSE OF ANY CASE IF A PARTY IS NOT PRESENT WITHIN TEN MINUTES OF THE SCHEDULED TIME OF THE HEARING. Being on time to court is important. The court schedule has been adjusted to make the proceedings take as little time as possible. While the court may be running late occasionally, when the court schedule is on time, a party that is late may miss their day in court. If for any reason you are going to be late to court, you should call the court clerk and advise of the time of your arrival. Requests for continuances must be approved by the court prior to the hearing.
  2. DRESS: APPROPRIATE DRESS AND ATTIRE IS REQUIRED. The suitability of the dress of anyone in the courtroom is at all times in the sole discretion of the judge. Govern yourself accordingly.
  3. CHILDREN: ABSOLUTELY NO CHILDREN UNDER THE AGE OF 18 ARE ALLOWED IN THE COURTROOM. Children tend to create disturbances which cause the court and parties to lose concentration. Additionally, it is not fair to the child to expect the child to sit quietly and patiently for adults to conduct a hearing.
  4. COURTROOM CONDUCT: WHEN COURT IS IN SESSION, THERE IS ABSOLUTELY NO TALKING OR WHISPERING ALLOWED. If you feel that you must talk, you may do so outside the courtroom. Also reading a newspaper or any other such distraction is not permitted. You may read a book or magazine, so long as it is not distracting to those around you. ALL CELL PHONES MUST BE TURNED OFF OR PLACED ON MUTE/SILENT MODE.
  5. EXITING COURTROOM: ENTRY INTO AND EXITING FROM THE COURTROOM SHOULD ONLY BE DONE BETWEEN CASES. There should be no moving about the courtroom while court is in session.
  6. ALL TOBACCO PRODUCTS ARE PROHIBITED.
  7. THE JUDICIAL OFFICER IS TO BE ADDRESSED AS “JUDGE” OR “YOUR HONOR” NEVER BY FIRST NAME.
  8. THE COURT PROMISES TO BE PUNCTUAL WHEN BEGINNING COURT AND WILL ENDEAVOR TO STAY ON SCHEDULE. It should be understood by all parties that the court will give each case the consideration of time that it deserves. It is difficult for the court to determine ahead of time how long each case will take, but the court will do its best to stay on time.
  9. THE COURT PROMISES TO TREAT EACH PARTY WITH RESPECT AND DIGNITY. The court promises to hear each matter thoroughly, though that does not mean that the party will always get to say everything they want to say. The court will determine what is relevant evidence. The court will strive to completely hear the case.
  10. THE COURT PROMISES TO DECIDE MATTERS AS QUICKLY AS POSSIBLE. If a decision is not rendered from the bench, the court will attempt to finalize its decision as soon as possible.

Common Magistrate Forms

Affidavit of Dispossessory – Used to begin the eviction process.
Affidavit for Foreclosure of Personal Property – Used to recover secured personal property when a debtor is in default.
Complaint in Trover Packet – Used to recover the value of personal property wrongfully held.
Continuing Garnishment Packet – Plaintiff – Used to garnish wages or funds on an ongoing basis from a judgment debtor
Financial Garnishment Packet – Plaintiff – Used to garnish bank accounts or other financial assets; typically a one-time garnishment.
Motion for Fifa – Requests the issuance of a Fi.Fa. – a writ of execution after a money judgment.
Request for Default Judgment – Used when the defendant has not responded in the required time frame.