The defendant has thirty (30) days from the date of service to file an answer with the Court. If the defendant fails to file an answer within 30 days, they will be in default. The defendant then has an additional fifteen (15) days to file an answer by paying all accrued court cost to open the default.

The Sheriff’s Department or Magistrate Court Constable will serve the civil suit to the defendant at the address you provide to the Court. If the Sheriff’s Department is unable to locate the defendant at the address provided, you can provide the Court with a new address along with an additional service fee. You can also contact a private process server who has been approved by the Court to serve the suit.

You must list the plaintiff’s complete name, address including zip code, and phone number. You also have to list the defendant’s correct name and address including the zip code. If the defendant is a company, have their correct legal business name. Next you mark the appropriate box for the type of claim you are filing, suit on a note, suit on an account, damages, or other. You then are required to give a brief description of your claim and the amount you are filing the suit for. You must sign the form in front on a notary public or a deputy clerk in the Magistrate Court. You will be required to show identification such as a driver’s license.

In order to file a claim, you must fill out a Statement of Claim form and a Sheriff’s Entry of Service form. If there are two or more defendants to be served at different addresses, there is an additional service fee required per address. Please see the list of filing fees for the fee for this service.

If you file a claim in the Magistrate Court of Evans County and it is later determined that the defendant resides in a different county, you can submit a request to have the case transferred to the proper county. You may be required to pay an additional service fee.

A claim that is against an individual should be filed in the County of the person’s legal residence. When a claim is against a business, the type of business determines where the claim should be filed. If the business is a sole proprietorship, the suit should be filed in the county in which the owner of the business resides. For a partnership, the suit should be filed in the county in which at least one of the owners resides. For a corporation, the suit should be filed in the county where the corporation is doing business or in the county that has designated its registered agent for service with the Secretary of State’s office. If the suit is against multiple defendants who live in different counties, you can file in either one of the counties that they reside in.

The party who files a civil suit is referred to as the “Plaintiff” and the party who is sued is referred to as the “Defendant”. The claim form should designate the proper plaintiff(s) and defendant(s). Failure to name the proper parties could result in an unsatisfactory judgment.

The Magistrate Court of Evans County is also known as small claims court. A claim can be filed for $15,000.00 or less. If your claim exceeds $15,000.00, the Magistrate Court doesn’t have jurisdiction to hear the case but it can be filed in the State Court or the Superior Court. Not only does this $15,000.00 limit apply to a claim filed by the plaintiff, it also applies to any counterclaim filed by the defendant which exceeds $15,000.00.