IN THE MAGISTRATE COURT OF GWINNETT COUNTY, STATE OF GEORGIA Civil Action No. Plaintiff(s) Daytime Telephone No: vs. INFO & FORMS ON INTERNET www.gwinnettcourts.com SUMMONS Defendant(s) Telephone, (preferably daytime #, if known) NOTICE AND SUMMONS (This form to be used when the Plaintiff drafts a separate Complaint, rather than using MAG 10-01, Statement of Claim form) To: All Defendant(s) You are hereby notified that the above named Plaintiff has made a claim and is requesting judgment against you in the sum shown in the attached petition and/or statement of claim. YOU ARE REQUIRED TO FILE or PRESENT AN ANSWER TO THIS CLAIM WITHIN 30 DAYS AFTER SERVICE OF THIS CLAIM UPON YOU. IF YOU DO NOT ANSWER, JUDGMENT BY DEFAULT WILL BE ENTERED AGAINST YOU. YOUR ANSWER MAY BE FILED IN WRITING OR MAY BE GIVEN ORALLY TO THE JUDGE. If you choose to file your answer orally, it MUST BE IN OPEN COURT IN PERSON and within the 30 day period. NO TELEPHONE ANSWERS ARE PERMITTED. If you file an answer, the court will hold a hearing on this claim at the Gwinnett Justice & Administration Center, 75 Langley Dr., Lawrenceville, GA 30046-6900, at a time to be scheduled after your answer is filed. (Answer & Counterclaim forms are available on the above website and at the Magistrate Clerk's office. Answers & counterclaims should be mailed to Clerk, Magistrate Court, P.O. Box 246, Lawrenceville, GA 30046-0246) You may come to court with or without an attorney. If you have witnesses, books, receipts, or other writings bearing on this claim, you should bring them to court at the time of your hearing. If you want witnesses or documents subpoenaed, see a staff person in the Clerk's office for assistance. If you have a claim against the Plaintiff, you should notify the court and immediately file a written answer and counterclaim. If you admit to the Plaintiff's claim but need additional time to pay, you must come to the hearing in person and tell the court your circumstances. Filed day 20 Magistrate or Deputy Clerk of Court MORE INSTRUCTIONS ARE ON THE REVERSE SIDE OF THIS DOCUMENT MAG 10-17 Summons (Rev 8-10).wpd American LegalNet, Inc. www.FormsWorkFlow.com GENERAL INSTRUCTIONS ­ IF YOUR CASE GOES TO TRIAL You must be prepared and ON TIME. Bring all of your witnesses, documents, photographs, etc. to court with you. If you are late, you may automatically lose your case and you may not have an opportunity to present your side of the issue. If you must be late, contact the court well in advance during normal business hours so that the calendar can be properly marked. The following may help you in preparing your claim or defense: ` All parties shall notify the Clerk of Court in writing of any address change, or daytime telephone number change. All court notices come by regular mail. If you fail to provide your new address, you may miss your trial & lose your case. ` I will bring the following to court to prove my case: ` Written contracts, leases, IOUs, notes, and all written documents applicable to the case. ` Letters and/or papers relating to the case. ` Bills or estimates, invoices. (The person(s) who prepared the bills or estimates should accompany you to court.) ` Canceled checks and/or other proof of payment. ` Photographs, audio and video tapes and the means for playing them in court. ` Witnesses. (The should accompany you. Notarized statements CANNOT be accepted as evidence at a trial.) ` All other evidence you consider relevant. ` I will bring to court all witnesses having firsthand knowledge of my case meaning that they have not heard evidence from someone else. [NOTE: Impartial witnesses who have no stake in the outcome of the case are generally more believable.] ` I need to get a subpoena (order to appear) from the Clerk of Court for some witnesses to make certain that they appear. ` I need to get subpoenas for the production of documents. ` This case involves damage to property. (for example, a car, the home, etc.) ` I can describe the damage in detail and I have repair bills, written estimates of damage or repair, or other reliable evidence to help support my opinion of the value of the property before and/or after the damage. [NOTE: a case involving damages must always be proved by LIVE TESTIMONY]. Bring/subpoena the person to court who prepared any estimates. ` I can describe the condition of the property before the damage and I have determined what it was worth then. I have a Bluebook/Bankbook guide or newspaper ads to help prove my opinion. I can describe with reasonable certainty the cost of repairs. I have researched the law as to the correct measure of damages. For the Plaintiffs: ` The party I have named is liable to me. (There is not another person or corporation who really owes the money to me. Just because a person is an officer/registered agent of a corporation does not make that person liable.) ` I can prove the amount of the complaint. I have not asked for more money than is really owed me. For the Defendants: ` I filed an answer/counterclaim to the Plaintiff's claim on time. ` I do not owe the money because someone else is legally responsible, a third party or a corporation. ` I do not owe the Plaintiff anything for some other reasons. ` The Plaintiff is suing for more than the damage. ` The Plaintiff owes me money and I have set forth the amount owed me in my counterclaim. (A counterclaim must be proven to a "preponderance of the evidence" in the same manner as Plaintiff's claim.) ` I owe most or all of the money the Plaintiff claims but I need more time to pay it. I need to set up a payment plan. I will try to work this out with the plaintiff before court. Otherwise, I will tell the judge I need a payment plan at the court date. NOTE: This is not an exhaustive list of the items you may need in court nor is it a complete list of the things to be considered in presenting your case. Each case is different and should be considered carefully before appearing in court. The Magistrate Court attempts to use simple procedures but is subject to the same rules of law and evidence as any other court. You may wish to seek legal advice from an attorney if the importance of your case warrants it. You have the responsibility for presenting your case and this form gives only general advice which may not be adequate in your case. American LegalNet, Inc. www.FormsWorkFlow.com