Civil Claims

Seeking Small Claims
The Magistrate Court is also referred to as small claims court. This is filed in attempt to collect debt or property you feel is owed to you. You can file a claim for which you are seeking $15,000 or less. This limit applies to both the claim of the plaintiff and counterclaim of the defendant (if there would be a counterclaim). Interest and court costs do not affect the jurisdictional amount.

Authority of the Court

The Magistrate Court can not issue an injunction or order that would make a party take action to "fix" something. The Magistrate Court has the authority to give a monetary judgement but does not have the authority to make a party repair items or return property.

Jurisdiction of the Court
The Magistrate Court hears cases of plaintiffs who file against defendants who also are residents of the same county. If you are filing against someone who lives in another county, you will not be able to file in Carroll County. You will have to seek assistance from the county where the defendant lives.

Refiling or Transferring Cases

If you have already filed in the wrong county, the case can be transferred to the appropriate court. An order is signed by the judge to have the case transferred, however, you will have to pay $50 to have the defendant served in the county it is being transferred to.

For example: If you learn that the defendant lives in Douglas County, you will have to send the Magistrate Court of Carroll County a money order or check made payable to Douglas County Magistrate Court. The Magistrate Court of Carroll County would pay the filing fee for transferring your case.

The Magistrate Courtroom is located in the rear of the building. Your case will be here at the same place you filed