Upson County Magistrate Court Civil & Criminal Guidelines

About Magistrate Court

The Magistrate Courts of Georgia were established in 1983 with the ratification of the current Constitution. This mandate replaced the former Justice Courts and various small claims or limited jurisdiction courts with a unified judicial system. Each county in Georgia operates its own Magistrate Court, presided over by a Chief Magistrate elected by the citizens. In many counties, additional magistrates serve in the same judicial capacity to manage related casework.

The Civil Jurisdiction

The civil jurisdiction of the Magistrate Court is capped at $15,000.00, effective July 1, 1999, as provided by legislation enacted by the General Assembly. Notably, there is no monetary limit for landlord/tenant and rental disputes, over which the court holds exclusive jurisdiction.

Types of Civil Actions filed in Magistrate Court

  • Civil Suits/ Statement of Claim 
  • Trover Actions 
  • Foreclosure on Personal Property 
  • Garnishments 
  • Dispossessory Actions 
  • Writ of Possession 
  • Levy and Public Sale 
  • Abandoned Motor Vehicles 
  • FIFA

The Criminal Aspect

Magistrate Court judges possess broad authority to issue arrest warrants and are responsible for the majority of such warrants for the City of Thomaston and Upson County.

Criminal Procedures

Criminal Arrest Warrants: When a law enforcement officer establishes probable cause, an affidavit is submitted to the Magistrate Court for certification and issuance of a warrant. Following an arrest, a first appearance is conducted before the appropriate Magistrate Judge within 48 to 72 hours. At this proceeding, bond is set, allowing the arrested party to post bond and return to Superior Court when the case is scheduled. Alternatively, an attorney may request a preliminary hearing if contesting the charges prior to bonding.

Search Warrants: Search warrants are issued based on a sworn affidavit that demonstrates probable cause to believe a crime is or has been committed. The affidavit must specifically describe the location or individual to be searched and identify the items to be seized.

Bad Checks (Deposit Account Fraud): Bad check citations or criminal warrants are issued following a 10-day notification letter sent by a merchant regarding a returned check. The check may be retrieved from the business to prevent the issuance of a citation or warrant related to non-sufficient funds or a closed account.

County Ordinance Violations: Each Magistrate Court, along with its magistrates, has jurisdiction over certain misdemeanor matters that are addressed via citation. These include:

  • Disorderly Conduct
  • Public Intoxication
  • Criminal Trespass
  • Possession of Less Than 1 Ounce of Marijuana
  • Shoplifting
  • Possession of Alcohol by Individuals Under the Age of 21
  • Furnishing Alcohol to Individuals Under the Age of 21
  • Other County Code Violations

LEGAL ADVICE NOTICE

This information is provided solely for general informational purposes and does not constitute legal advice. For specific legal guidance or to determine the appropriate claim to file, please consult a qualified attorney. Judges and clerks are not authorized to provide legal advice.