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State Court Clerk Civil Division

Forms

You may now complete the following forms online! Once you have successfully accessed the document using Acrobat Reader, determine which form fields may be completed on line by moving the visible "hand" with your mouse to the intended field. If a cursor appears, click over the area you wish to complete and begin typing your information. After you complete the desired fields, print the form for filing by mail, eFile, or in person.

All of these forms can be printed in their PDF format by selecting the "print" button in the Adobe Reader window. No information will be saved to any of the forms you input information on. You may see, however, that some information is retained when you return to a form. That information is retained on your computer; it is not saved to the form on our web site.

We do not accept fax filings.

Notice to all persons filing Civil or Garnishment Cases in the State Court Clerk's Office of Cobb County: Please see State Requirements for Redacting Personal Information at O.C.G.A. §9-11-7.1

Contact Number: (770) 528-1216

The employees of this division are responsible for filing and processing lawsuits, garnishments, evictions, personal property foreclosures and collecting cost adherent thereto. Other duties include docketing any type of pleading filed on these cases. The Civil Division collects garnishment funds on all State Court garnishment cases. This division also schedules and publishes calendars for seven (7) State Court Division I Judges.

Deputy Clerks are available by phone to check the status of civil cases. For phone assistance, please have your case number available when possible.

You may also search your case online with CourtConnect.

Leave of Absence

When filing a Motion for Leave of Absence, Pursuant to Uniform Supervisor/State Court Rule 16, an original leave must be filed for each case, or, if filing one leave and attaching a list of cases, a copy must be provided to be filed in each case. The Court does not require an order to be filed with each case; the Court has a standing order.

Case Searches

Civil and Eviction Cases: Currently, ten years of cases are kept on location at the State Court Clerk's Office. All cases filed prior to 2006, once completed, are stored off site. These cases can be ordered for a fee of $7 which is payable in advance or viewed on the court's document imaging system.

Garnishment Cases: Currently, eight years of cases are kept on location at the State Court Clerk's Office. All cases filed prior to 2006, once completed, are stored off site. These cases can be ordered for a fee of $7 which is payable in advance.

We do not perform record searches. The records of the Clerk of State Court are public records and are available for inspection during our normal business hours. You may also search your case online with CourtConnect.

Civil Filing Fees

We accept cash, money order, cashier’s check, Visa, Master Card or debit card.

No personal checks accepted.

For payment of a traffic/misdemeanor fine or payment of a traffic citation we accept cash, money order, cashier's check or if paying in person Visa and Master Card credit or debit card.

No personal checks accepted.

Filing Fees

Service Fee
Suits, Foreclosures on Personal Property, Distress Warrant, Garnishments, Dispossessory / Eviction Warrant, Civil Action of Any Nature $199.00
Superior Court Recording Fee (Fifa) $5.50
Service of Dispossessory action per defendant $25.00
Service of Civil Action per defendant $50.00
Service of Garnishment Action per defendant $50.00
Supplemental proceedings to be served by Sheriff (except Dispossessory) $50.00
Garnishment Reissue $20.00
Enforcement of Foreign Judgment  $199.00
Third Party Complaint $15.00
Plaintiff’s Traverse of Garnishment $15.00
Notice of Appeal $25.00
Motion for New Trial and Docketing $15.00
Motion for Judgment Notwithstanding the Verdict and Docketing $15.00
Motion and/or Petition for Scire Facias to Revive Dormant Judgment $199.00
Supersedeas Bond Filing and Approval $10.00
Affidavit where no cause is pending $10.00
Issuance of subpoena (each) $1.00
Alias FI FA $5.00
Certified Copy (Stamp and Seal for Each) $3.00
Exemplified Copy $5.00
Copies (per page) $0.25
Preparing of DDS Letter $5.00
File retrieval $7.00

Evictions

Eviction proceedings are handled in the Civil Division of the State Court Clerk’s Office. They are sometimes referred to as a Dispossessory, a Dispossessory Warrant, a Dispo or a Proceeding against Tenant Holding Over. This proceeding is filed by the homeowner or an attorney acting on their behalf against a tenant, which they have a legal right to evict.

Procedure for Filing

The forms for filing an eviction are provided by our office. The Plaintiff/Attorney may appear in person to file an eviction proceeding or may request the forms by mail by sending a request and a self-addressed stamped envelope to this office or the forms may be accessed via this website. The affidavit must be completed and signed by the plaintiff/attorney in the presence of a Deputy Clerk or a Notary Public. The filing fee is due at the time that the proceeding is filed. Once the proceeding is filed with our office it is assigned a case number, processed and sent to the Sheriff's Office for service.

Methods of Service

The defendant/tenant will be served with a copy of the eviction proceedings by the Cobb County Sheriff’s Office or in some instances the plaintiff/attorney can have the defendant served by an individual who has been appointed by the court as a special process server. There are several different methods of service. They include: tack & mail, personal, notorious and corporate.

Summons by Clerk

The defendant(s) herein is/are commanded and required personally or by attorney to appear at the State Court of Cobb County, 12 East Park Square, Marietta, Georgia, between the hours of 8:00 a.m. and 5:00 p.m. on or before the SEVENTH day from the date of service of the within affidavit and summons (or on the first business day thereafter IF the seventh day falls on Saturday, Sunday or legal Holiday) to answer the affidavit in writing or orally. If the answer is NOT made, a Writ of Possession and/or judgment shall issue instanter.

Eviction

Once a Writ of Possession has been issued, the plaintiff/attorney must contact the Sheriff's Office for scheduling information.

Default Judgment

If the defendant/tenant fails to answer and was personally or notoriously served then you may submit an affidavit of default and a proposed order for judgment stating the amount of money that is due.

Fi Fa

A Writ of Fieri Facias (Fi Fa) will be issued upon written request and payment of a Fi Fa recording fee.

Garnishments

Garnishments are filed in the Civil Division of the State Court Clerk’s Office. A garnishment is filed against a party as a means of collecting a judgment that has been entered. There are several types of Garnishments. The two most common types are a Regular Garnishment and a Continuing Garnishment.

A Regular Garnishment is used primarily for garnishing a bank account or other financial institution. A Continuing Garnishment is used solely for garnishing wages. All Garnishments are filed, processed and served upon the Garnishee (entity holding funds).

Procedure

The forms for filing a garnishment are provided by our office. The plaintiff may appear in person to file a garnishment or may request the forms by mail by sending a request and a self-addressed stamped envelope to this office or you may access the forms via this website. The plaintiff or the plaintiff’s attorney, in the presence of a Deputy Clerk of this court or a notary public, must sign the affidavit. The filing fee is due at the time of filing. Once the proceeding is filed with our office it is approved, assigned a case number, processed and sent to the Sheriff's Office for service.

The plaintiff’s attorney/plaintiff will receive back from this office a copy of the summons marked ‘Defendant’s Copy’ unless he/she elected to have the defendant served by the Sheriff. This copy must be served upon the defendant as provided by law.

Summons of Continuing Garnishment by Clerk:

You are hereby commanded to hold immediately all property, money, wages, except what is exempt, belonging to the defendant, or debts owed to the defendant named above at the time of service of this summons and between the time of service of this summons to and including the one hundred seventy-ninth day thereafter. Not later than 45 days after you are served with this summons, you are commanded to file your answer in writing with the clerk of this court and serve a copy upon the plaintiff or his attorney named above. This answer shall state what property, money, and wages, except what is exempt, belonging to the defendant or debts owed to the defendant, you hold or owe at the time of service of this summons and between the time of such service and the time of making your first answer. Thereafter, you are required to file further answers no later than 45 days after your last answer. Every further answer shall state what property, money, and wages except what is exempt, belonging to the defendant or debts owed to the defendant, you hold or owe at and from the time of the last answer to the time of the current answer. The last answer required by this summons shall be filed no later than the one hundred ninety-fifth day after you receive this summons. Money or other property admitted in an answer to be subject to continuing garnishment must be delivered to the court with your answers. Should you fail to file answers as required by this summons, a judgment will be rendered against you for the amount the plaintiff claims due by the defendant.

Summons of Regular Garnishment by Clerk:

You are hereby commanded to immediately hold all property, money, wages, except what is exempt, belonging to the defendant, or debts owed to the defendant named above at the time of service of this summons and between the time of service of this summons and the time of making your answer. Not sooner than 30 days but not later than 45 days after you are served with this summons, you are commanded to file your answer in writing with the Clerk of this Court and serve a copy upon the plaintiff or his attorney named below. Money or other property subject to this Summons should be delivered to the Court with your answer. Should you fail to answer this summons, a judgment will be rendered against you for the amount the plaintiff claims due by the defendant.

Answer of Garnishee:

When the garnishee answers a garnishment and pays funds into court the Clerk must hold the funds for 21 days. After 21 days the Clerk will pay the money to the Plaintiff’s Attorney/Plaintiff if an affidavit of compliance as to service on the defendant and request to condemn funds have been filed. If the plaintiff has an attorney the money will be paid to the attorney unless the Clerk has written authorization from the attorney directing us to pay the funds to the plaintiff.

If at any time the plaintiff’s attorney/plaintiff wishes to stop the garnishment a written dismissal must be filed with the Clerk and the Clerk will issue a release to the garnishee.

Payment by Defendant:

The Clerk will accept only full payment of a garnishment from the defendant. This payment must be made in cash.

Traverse to Garnishment:

At the time a traverse is filed a hearing date will be set and notice will be sent to all parties by mail.