Under no circumstances will any Magistrate Judge discuss a matter with either party prior to a hearing. Magistrate Court staff are not allowed to give legal advice. Please consult outside legal counsel if you have questions. All filing fees are due at the time of filing and are non-refundable.
The Magistrate Office handles both civil and criminal cases. The following is a list of major functions of Magistrate Court. There are numerous other duties of the Magistrate Court including roles under County Ordinances that the Court performs; therefore, this list is not intended to be exhaustive of all duties.
- Civil cases filed in the Magistrate Court can be for monetary (money) remedies only. Claims must be under $15,000 including contract disputes, personal injury, damage to property and any other civil claims.
- When filing Dispossessory (eviction) cases, including landlord/tenant and foreclosures, the property must be clearly marked on the mailbox and the house, apartment, or duplex. Petitions for Dispossession of Tenant that request a money judgment require personal service of the tenant. After the Writ of Possession is signed, the Sheriff's Office will contact the plaintiff to schedule the removal. If an eviction is scheduled for a day that has inclement weather, the Sheriff's Office will reschedule the appointment.
- Garnishments (wages and accounts) filed with the Magistrate Court must include a copy of the judgment. If you are not familiar with the process of filing a garnishment, contact our office or an attorney first as there are many different requirements.
- Abandoned motor vehicle and mobile home cases.
- Personal property foreclosures, order to obtain possession of secured property due to default in payments.
- Fieri Facias (FiFa).
- Levy on property to collect judgement.
- Execute arrest warrants and search warrants for all law enforcement agencies, including but not limited to the Montgomery County Sheriff’s Office, Mount Vernon Police Department, Georgia Bureau of Investigation, Georgia State Patrol, Georgia Department of Natural Resources and Georgia Department of Drivers Services. The Magistrate Court is required to be available 24 hours a day for the execution of arrest warrants and search warrants.
- Hear first appearances and Bond hearings - six days a week.
- Conduct Preliminary Hearings.
- Handle civilian warrant applications and conduct warrant application hearings.
- Deposit Account Fraud (bad check) cases.
- Alcohol cases, underage possession and furnishing alcohol to a minor.
- Animal control cases.
- Solid waste/littering cases in violation of county ordinances.
- State litter violations (O.C.G.A.).
- Noise violations.
- Other county ordinance violations
Private Probation Services
Judicial Alternative of Georgia, Inc. (JAG) provides probation services to the Magistrate Court at no cost to Montgomery County. Their fees are paid in full by the probationers.
Montgomery County Sheriff's Office
The Montgomery County Sheriff’s Office performs numerous functions for the Court and the citizens of Montgomery County, including but not limited to the following:
- Serve all civil papers.
- Execute dispossessory writs of execution.
- Execute levy writs.
- Execute Nulla Bona writs.
- Execute personal property foreclosures.
- Provide courtroom security.
Fees and processes vary based on the type of case you file. The Magistrate office accepts cash, check, or money order for payments made on accounts and for filing fees. The Magistrate Court is not set up to accept credit card payments.
Office & Staff Directory
athornton [at] montcoga.gov
Term Ends 01/01/27
gmcarthur [at] montcoga.gov