F.A.Q.s In accordance with O.C.G.A. 15-19-51, the Clerk’s Office is strictly prohibited from providing any legal advice. To insure that all procedures are followed and the rights of all parties are protected, it is advised to seek legal counsel from a licensed attorney. Index (Click on the index item to jump to the questions.) • Superior Court Criminal • Superior Court Civil • Juvenile Court • Real Estate Records • State Court Criminal • State Court Civil • Court Records • Board of Equalization • General Questions Superior Court Criminal F.A.Q.s In accordance with O.C.G.A. 15-19-51, the Clerk’s Office is strictly prohibited from providing any legal advice. To insure that all procedures are followed and the rights of all parties are protected, it is advised to seek legal counsel from a licensed attorney. (Click on the question to jump to the question and answer .) • How do I find out my court date? • How do I change my court date? • What happens if I miss my court date? • How will I know when to come to court? • How can I change my address? • What is an arraignment? • How can I have my record expunged? • How do I correct an error on my background check? How do I find out my court date? You may find out your court date by calling either the Superior Court Criminal Docket Clerk at (706) 653-4354 or the Superior Court Criminal Division at (706) 653-4353. Back to Questions Back to Index How do I change my court date? Please contact your attorney if you would like to change your court date. Your attorney will know the correct procedures to take. We are not able to change court dates without proper authorization. Back to Questions Back to Index What happens if I miss my court date? Failure to appear for any criminal court proceeding may result in serious consequences. It is probable that a bench warrant and a bond forfeiture will be issued by the Court for failure to appear. How will I know when to come to court? How can I change my address? What is an arraignment? How can I have my record expunged? How do I correct an error on my background check? You will be notified by mail and/or by your attorney when you are to appear in court. All notices will be mailed to the address that was given at the time of the arrest. It is the responsibility of the individual that has a case to keep a current address on file with this office. You may request a change of address by mail. You will need to send our office a notarized letter containing your new address. Please also include a copy of your identification. An arraignment is a hearing held where a defendant is advised of the formal charges filed by the Office of the District Attorney. At the arraignment, a pre-trial or trial date may be set. You will need a current background check from the law enforcement to bring to the Clerk’s office. We will review the error before we attempt to correct it. You will need to contact an attorney in order to find out if you will able to expunge your court record. You may go to the arresting agency to fill out a form if you are trying to expunge a record that was dismissed by the court (usually for a fee). Back to Questions Back to Questions Back to Questions Back to Questions Back to Questions Back to Index Back to Index Back to Index Back to Index Back to Index Back to Questions Back to Index • How do I get a restraining order? • Does your office have forms I may use when filing? • Where do I go to file for child support? • Where do I file for custody or guardianship of a child? • How do I legitimate my child? How do I get a restraining order? Does your office have forms I may use when filing? Where do I go to file for child support? Where do I file for custody or guardianship of a child? How do I legitimate my child? There are several types of restraining orders in Georgia and it depends upon your individual needs as to the type of restraining order you need to file and where to file it. Restraining orders may be filed in the Superior Court Clerk’s office or the Municipal Court Clerk’s office. The restraining orders filed in our office are normally prepared by attorneys and filed in domestic cases. Restraining orders filed in our office are called Temporary Protective Orders or ‘TPO’s’ and should ONLY be filed in case of family violence and stalking. Restraining orders that do NOT involve family violence and stalking should be filed in the Municipal Court Clerk’s office. For more information about restraining orders and were to file them, you should consider engaging an attorney. We do not currently offer any uniformed forms to the public. Custody can be handled in Juvenile Court, Superior Court or Probate Court. It depends on the situation. Please consider engaging an attorney for legal advice. You can obtain more information regarding this matter by visiting: www.chattahoocheefamilylawcenter.org. Back to Questions Back to Index Back to Questions Back to Index Back to Questions Back to Index Back to Questions Back to Index Back to Questions Back to Index Superior Court Civil F.A.Q.s In accordance with O.C.G.A. 15-19-51, the Clerk’s Office is strictly prohibited from providing any legal advice. To insure that all procedures are followed and the rights of all parties are protected, it is advised to seek legal counsel from a licensed attorney. (Click on the question to jump to the question and answer .) You should consider engaging an attorney to assist you or you may contact Child Support Recovery at 1-877-423-4746. Court Records F.A.Q.s In accordance with O.C.G.A. 15-19-51, the Clerk’s Office is strictly prohibited from providing any legal advice. To insure that all procedures are followed and the rights of all parties are protected, it is advised to seek legal counsel from a licensed attorney. (Click on the question to jump to the question and answer .) • Do you have a notary in your office? • Can I become a notary if I do not live in Georgia? • What types of services am I able to request? • Can other people obtain copies of my record? • Can I conduct a criminal or civil record search myself? • Can I get a copy of child support or custody orders? • Do you have information regarding Jury Duty? • Do you have information about my court date? • Are Muscogee County records available on-line? Do you have a notary in your office? No. We do not have a notary in our office. Back to Questions Back to Index Can I become a notary if I do not live in Georgia? Yes, but only if you work in Georgia. Please go to your county of residence or employment to apply to become a notary public. Back to Questions Back to Index What types of services am I able to request? • Copies of final divorce decrees • Copies of child support orders (temporary, final and income deduction) • Copies of name change orders • Copies of civil records (lawsuits, garnishments, etc.) • Copies of criminal dispositions: felony and misdemeanor) Back to Questions Back to Index Can other people obtain copies of my records? Yes. Superior/State court records are public information and copies of records may be obtained by anyone else, unless they are sealed. Back to Questions Back to Index Can I conduct a criminal or civil record search myself? Yes. We have public access terminals available in the records department for this purpose. There is a fee for printed copies. Back to Questions Back to Index Can I get a copy of child support or custody orders? Yes. Your request should include a list of all parties involved (including children), the year (or decade), and at least $10 cash (or money order for mail in request). Back to Questions Back to Index Do you have information regarding Jury Duty? No. To obtain information regarding jury duty please contact the Jury Manager at (706) 653-4310. Back to Questions Back to Index Do you have information about my court date? Yes. To find out your court date, please contact either the Superior Court Docket Clerk at (706) 653-4354, the Superior Court Criminal Division at (706) 653-4353 or the State Court Criminal Division at (706) 653-4368. Back to Questions Back to Index Are Muscogee County Records available on-line? No. They are not available at this time. Back to Questions Back to Index • Are my juvenile records permanent? • Can anyone have access to my juvenile files? • How do I obtain copies of my court order? • How do I seal my juvenile records? • Can I prepay my juvenile traffic fine? • What day and time is juvenile traffic court? • If I did not pay my fines and fees on the day of court, where do I go to make payment? • How long is a temporary custody order? • How do I petition the court for custody of a child? Are my juvenile records permanent? Most records are destroyed when a juvenile reaches 28 years of age in accordance with the Georgia Records Retention Schedule. The only records that are permanent in juvenile court are custody cases that are transferred from superior court to juvenile court for the recommendation, determination and termination of parental rights cases. Back to Questions Back to Index Can anyone have access to my juvenile files? No. Juvenile records are confidential and may only be viewed by the juvenile, parent, or legal guardian, attorney (if they have filed an entry of appearance in the case), and judicial officers specified in the GA code. Back to Questions Back to Index How do I obtain copies of my court order? You must be associated with the case you are requesting and have proper photo ID. Copies are $1.00 per page for regular copies, $2.50 plus $0.50 per page for certified copies. Back to Questions Back to Index How do I seal my juvenile record? Documents are available in the juvenile court to submit a request for sealing your record. It is possible you may have to attend a hearing for the judge to approve or deny your request. You must have a photo ID to have documents notarized. Back to Questions Back to Index Can I prepay my juvenile traffic court? Certain traffic offenses cannot be prepaid prior to attending court. Please contact the juvenile court clerk’s office for more information on specific offenses that can and cannot be prepaid. (Please note pre-court payments are deemed a waiver of a court hearing and an entry of a guilty plea. Back to Questions Back to Index What day and time is juvenile traffic court? Traffic hearings are held on Wednesday. You are required to be present at 3:15 p.m. on the 1st floor of the East Wing in the Columbus Consolidated Government Center. Back to Questions Back to Index If I did not pay my fines and fees on the day of court, where do I go to make payment? Payments are made on the 2nd floor of the Tower in the Columbus Consolidated Government Center, State Court Division. Back to Questions Back to Index How long is a temporary custody order? Except as otherwise provided by law, an order of disposition in a proceeding involving deprivation, except an order involving the appointment of a guardian of the person or property of a child, continues in force for nor more than 2 years (O.C.G.A. 15-11-58.1) Back to Questions Back to Index How do I petition the court for custody of a child? In accordance with O.C.G.A. 15-19-51, the Clerk’s office is strictly prohibited from providing any legal advice. It is advised to seek legal counsel from a licensed attorney. Back to Questions Back to Index Juvenile Court F.A.Q.s In accordance with O.C.G.A. 15-19-51, the Clerk’s Office is strictly prohibited from providing any legal advice. To insure that all procedures are followed and the rights of all parties are protected, it is advised to seek legal counsel from a licensed attorney. (Click on the question to jump to the question and answer .) Real Estate Records F.A.Q.s In accordance with O.C.G.A. 15-19-51, the Clerk’s Office is strictly prohibited from providing any legal advice. To insure that all procedures are followed and the rights of all parties are protected, it is advised to seek legal counsel from a licensed attorney. (Click on the question to jump to the question and answer .) • What is the responsibility of the Real Estate Records Division? • How can I request a copy of a document? • How much does it cost to obtain a copy of a document? • How do I transfer my property? • How do I locate land records? • What is a plat? • Are original documents required for filing? • Do you provide legal forms for filing real estate documents? • What is the turn-around time on filing real estate documents? • Are real estate records accessible on time? • Can your staff give legal advice? • Why did you put a lien on my credit report? • Who do I call if I see a county tax lien on my credit report or property title record? • Who do I call if I see a federal tax lien on my credit report or property title record? • How do I obtain a list of foreclosures in Muscogee County? • When and where are foreclosure properties auctioned? • How can I have a title search performed on my property in Georgia if I live in another state? What is the responsibility of the Real Estate Records Division? As keeper of public records, we are responsible for filing, recording and indexing all deeds, liens, plats and UCCs related to real estate within Muscogee County. Back to Questions Back to Index How can I request a copy of a document? Requests can be made by mail or by visiting our office. Please click here to request a copy by mail. Back to Questions Back to Index How much does it cost to obtain a copy of a document? On-line Copies Free Walk-in Copies (regular) $0.50 per page Walk-in Copies (certified) $0.50 per page plus $2.50 for certification Mail-in Copies (regular) $10.00 Flat Fee Mail-in Copies (certified) $10.00 Flat Fee (Note: We do not accept checks, credit or debit cards at this time. Walk-in copies may be paid in cash or money order. Mail-in copies may be paid by money order.) Back to Questions Back to Index How do I transfer my property? The type of deed filed indicates the purpose of the transaction. Both warranty and quitclaim deeds transfer property from one owner to another. (Please consider seeking legal counsel from a licensed attorney.) Once the deed is typed, the signature of the grantor must be witnessed and notarized before filing with the Clerk’s Office. The grantor is the individual selling or transferring the property. And the grantee is the individual buying or receiving the property. Back to Questions Back to Index How do I locate land records? To locate any land record it is helpful to have the following information: • The buyer’s name (grantee) • The seller’s name (grantor) • The date of the transaction (particularly the year) • The address of the property Back to Questions Back to Index What is a plat? A plat is a drawing made from a survey that shows the property lines and the total amount of acreage of a particular piece of land. Back to Questions Back to Index Are original documents required for filing? Yes, original documents are required by Georgia Code for filing. Copies or faxes of originals are not accepted. Back to Questions Back to Index Do you provide legal forms for filing real estate documents? No, we do not provide legal forms for filing real estate documents. However, most office supply stores carry real estate legal forms. You might also consider contacting a licensed attorney that specializes in real estate law. Back to Questions Back to Index What is the turn-around time on filing real estate documents? The processing time varies due to the volume of documents filed daily. Generally, the processing time is one to two weeks; however, you can always request to expedite your filling. Back to Questions Back to Index Are real estate records accessible on-line? Yes, our property records are available on-line and free to the public. We do, however, charge for copies printed from the public terminals located in our deed record room. Back to Questions Back to Index Can your staff give legal advice? In accordance with O.C.G.A. 15-19-51, the Clerk’s Office is strictly prohibited from providing any legal advice. To insure that all procedures are followed and the rights of all parties are protected, it is advised to seek legal counsel from a licensed attorney. Back to Questions Back to Index Why did you put a lien on my credit report? This office does not report information to any credit bureau. The credit bureau examines our official records to get information that affects your credit. Back to Questions Back to Index Who do I call if I see a county tax lien on my credit report or property title record? If your taxes are not paid in full, you should contact the Tax Commissioner’s office at (706) 653-4208 for more information on your property taxes. Back to Questions Back to Index Who do I call if I see a federal tax lien on my credit report or property title record? If your taxes are not paid in full, you should contact the Internal Revenue Service at (706) 494-9079 for more information. Back to Questions Back to Index How do I obtain a list of foreclosures in Muscogee County? The foreclosure properties that are sold in Muscogee County are advertised in the legal notices section of the Columbus Ledger once a week for four (4) weeks prior to the sale of the property. Back to Questions Back to Index When and where are foreclosure properties auctioned? Foreclosure properties are auctioned on the first Tuesday of every month on the front steps of the Courthouse. It is best to arrive in the early morning hours. Back to Questions Back to Index How can I have a title search performed on my property in Georgia if I live in another state? You may contact an attorney or a title company to complete a title search. Back to Questions Back to Index Board of Equalization F.A.Q.s In accordance with O.C.G.A. 15-19-51, the Clerk’s Office is strictly prohibited from providing any legal advice. To insure that all procedures are followed and the rights of all parties are protected, it is advised to seek legal counsel from a licensed attorney. General Information Please click here for more information. Back to Index Hearing Information Please click here for more information. Back to Index • What is my court date? • Can I pay my fine and not come to court? • How do I get my cash bond back? • Am I allowed to change my contact information? • Where do I pay a fine? • How do I obtain a limited driving permit? • How do I remove a suspension from my license? • How do I drop charges against a defendant? To find out your court date, please contact State Court Criminal at (706) 653-4368. What is my court date? No. Once your case is bound to state court, you must appear in court. Can I pay my fine and not come to court? How do I get my cash bond back? Please visit the State Court Criminal Division for assistance in this matter (picture ID required). Am I allowed to change my contact information? Yes. Please visit the State Court Criminal Division to change your contact information (picture ID required). Where do I pay a fine? Installment fines for State, Superior and Juvenile Court may be paid in the Clerk’s office. Supervised probation cases must be paid with the probation office. How do I obtain a limited driving permit? A limited driver’s permit must be authorized by a judge. Once authorized, the State Court Criminal Division will then fill out the necessary paperwork. How do I remove a suspension from my license? Please contact the Department of Motor Vehicles. If the case is dismissed or placed on the dead docket, you may come to the State Court Criminal Division to obtain the proper documentation to take to the police department and have the suspension taken off your record. How do I drop charges against a defendant? Please contact the State Court Solicitor’s Office at (706) 653-4327. Back to Questions Back to Questions Back to Questions Back to Questions Back to Questions Back to Questions Back to Questions Back to Questions Back to Index Back to Index Back to Index Back to Index Back to Index Back to Index Back to Index Back to Index Muscogee County Clerk of Superior, State & Juvenile Courts Established: November 2011 Comments & Feedback State Court Criminal F.A.Q.s In accordance with O.C.G.A. 15-19-51, the Clerk’s Office is strictly prohibited from providing any legal advice. To insure that all procedures are followed and the rights of all parties are protected, it is advised to seek legal counsel from a licensed attorney. (Click on the question to jump to the question and answer .) State Court Civil F.A.Q.s In accordance with O.C.G.A. 15-19-51, the Clerk’s Office is strictly prohibited from providing any legal advice. To insure that all procedures are followed and the rights of all parties are protected, it is advised to seek legal counsel from a licensed attorney. (Click on the question to jump to the question and answer .) • What happens if I file my petition in the wrong county? • How will the defendant know that a civil suit has been filed against them? • What happens after the defendant has been served with a civil suit? • Why is my check being garnished? • How long does a garnishment last? • How long does the garnishee have to file the first answer to the court? • What amount will be taken from my check? • What happens if the garnishee does not deduct from my check? • What is a traverse? What happens if I file my petition in the wrong county? If you file a petition in the State or Superior Court of Muscogee County and it is later determined that the defendant resides in a different county, you can submit a motion and order to have the case transferred to the proper county. There is an additional cost and you may be required to pay an additional service fee. Back to Questions Back to Index How will the defendant know that a civil suit has been filed against them? You must have the defendant served by the Sheriff’s Department or an authorized Process Server that will serve the suit to the defendant at the address you provide to the court. Back to Questions Back to Index What happens after the defendant has been served with a civil suit? The defendant has 30 days from the date of service to file an answer with the Court without going into default. If the defendant fails to file an answer within 30 days, the petition will be in default. The defendant then has an additional 15 days to file an answer with the Court by paying all accrued costs to open the default. Back to Questions Back to Index Why is my check being garnished? If your check is being garnished, then there is a judgment against you. It is also possible that there is a Federal or State Lien against you. Back to Questions Back to Index How long does a garnishment last? A continuing garnishment is good for 195 days from the date of service. Back to Questions Back to Index How long does the garnishee have to file the first answer to the court? The garnishee must first answer no sooner than 30 days, but no later than 45 days from the date of service. Back to Questions Back to Index What amount will be taken from my check? If the garnishment is a result of a judgment against you, then 25% of your disposable earnings is deducted. If the garnishment is a result of child support or alimony arrangement, then 50% of your disposable earnings is deducted. Back to Questions Back to Index What happens if the garnishee does not deduct from my check? The garnishee will be in default and a default judgment may be entered against the garnishee for the amount garnished. Back to Questions Back to Index What is a traverse? A traverse is a statement challenging the validity of the garnishment whether it is untrue or legally insufficient. Any party in the garnishment may file a traverse with the court. The plaintiff may file no later than 15 days after the answer of the garnishee. The defendant may file any time after the garnishment is filed. All funds tendered in the registry of the court will be held until the traverse is ruled on. Back to Questions Back to Index