CourtCaseFinder.com
  1. Home
  2. Georgia
  3. Cherokee

Cherokee County Court Records Lookup

Start Here
Start Here

The following is for information purposes only

Cherokee County Court Records Lookup

Table of Contents

Cherokee County Courts, GA *

Cherokee County Courts, GA

The courts in Cherokee County, 50 miles to the north of Atlanta, handle a variety of cases, ranging from the most minor traffic violations to very complex criminal trials and estates. Cherokee County residents need the court system to resolve property disputes, landlord-tenant issues, or family court cases, like custody and divorce. They may need to check if criminal or civil cases have been resolved. Employers, landlords, and lawyers need court records to determine whether a person has a prior eviction, a criminal history, or to prepare for case hearings. Knowing how the Cherokee County court system works can help residents save time and frustration.

How to Access Cherokee County Court Records

How to Access Cherokee County Court Records

Online Access

One of the simplest ways to access court records is through online tools. The Georgia Courts website provides court records from the Cherokee County Superior Court and the Cherokee County State Court. It allows residents to look up cases in both Superior and State courts across Georgia and request court records online. The Cherokee County Clerk of Court also has a records lookup for courts on its website. Many Magistrate Court records, including Cherokee County's Magistrate Court, are available online using the Georgia Superior Court Clerks' Cooperative Authority website.

Alternative Online Options

Official search tools can be overwhelming for some residents. If court records online seem confusing, try CourtCaseFinder, which offers aggregated access to public records. The search engine provides info on court cases, divorces, arrests, and other public filings from multiple sources statewide and nationwide. Alternative online sources help when someone is not sure which office, or even which county, keeps the records they need.

In-Person Requests

The Cherokee County Clerk of Court makes it easy to handle in-person court records requests. There are kiosks available in the Clerk's Office for requesting court records. People can also go into the office to request court records in person. Mail requests with in-person pickup are also accepted. The Cherokee County Court Clerk can help residents find:

  • Physical case files
  • Archived documents
  • Certified copies

To speed up the search and ask for copies, bring as much information as possible (such as names of litigants or applicable case numbers) to the Clerk's Office.

Archived Records

The first stop one should take to look for archived records is the Cherokee County Court Clerk, who holds many of the archived records from the 21st century. If the court records someone is seeking are older, they may be available at the Georgia State Archives, which has a searchable database. The Cherokee County Probate Court has a database of marriage and probate records dating from the 19th Century.

Overview of the Cherokee County Court System

Overview of the Cherokee County Court System

All of the courts in Georgia are overseen by the Judicial Council of Georgia, which is headed by the Chief Justice of the Georgia Supreme Court. Georgia operates a multi-tiered court system that is dependent in part on the population of the county at its lower tiers. At the top of the court structure is the Supreme Court of Georgia, the state's highest appellate court, and the court of last resort for all state cases. The next tier, or intermediate tier, is the Court of Appeals of Georgia. Unlike other states that separate their appellate courts into districts, Georgia has a single state appellate court divided into five divisions with three judges in each division. Both civil and criminal appeals cases are heard within the divisions.

Cherokee County has several county trial courts. The highest trial court at the county level is the Cherokee County Superior Court, which hears major civil and criminal cases. There is also the Cherokee County State Court, which hears minor civil and criminal cases. The Cherokee County Magistrate Court hears administrative proceedings and some minor civil and criminal cases. The Cherokee County Clerk of Courts handles records for all three of these courts, as well as the Juvenile and Probate Courts. As part of the Blue Ridge Judicial Circuit, the county has several Accountability Courts as well. Finally, the five Municipal Courts in the county hear minor traffic citations, misdemeanor offenses punishable by fines, and ordinance violations within their jurisdictions.

Types of Courts in Cherokee County, Georgia

Superior Court

The Cherokee County Superior Court is the county's major trial court, which hears all felony criminal cases, some family law cases, and major civil cases in specific areas.

Jurisdiction:

  • Adoptions
  • All felony cases, such as armed robbery, drug trafficking, and murder
  • Appeals from the Municipal or Magistrate Courts
  • Divorces, child custody, and child support cases
  • Land title disputes
  • Equity, declaratory, or habeas corpus civil cases, with rulings or policy changes rather than monetary damages
  • Major civil suits greater than $15,000

Primary Location: Cherokee County Justice Center, Canton

State Court

While the Cherokee County State Court sounds like it has jurisdiction over the entire state, in Georgia, many counties (especially those with larger populations) have their own State Courts to help the large caseloads.

Jurisdiction:

  • Civil cases above $15,000, such as contract disputes, personal injury, and property damage
  • Misdemeanor and felony preliminary hearings
  • Most misdemeanors, especially those with jail time
  • Ordinance violations outside city limits
  • Probation violations
  • Traffic citations on county roads

Primary Location: Cherokee County Justice Center, Canton

Probate Court

Probate courts in Georgia operate as a separate entity from other courts in the state.

Jurisdiction:

  • Estates
  • Guardianship of a mentally ill or incapacitated adult
  • Marriage licenses
  • Wills

Primary Location: Cherokee County Justice Center, Canton

Juvenile Court

Juvenile Courts in Georgia operate as a separate entity from other state courts. In Georgia, juveniles can be tried in adult court for major felonies committed after age 13, such as murder, aggravated child molestation, rape, and armed robbery with a gun. Between the ages of 15 and 17, judges have discretion to keep the offender in juvenile court or transfer them to adult court.

Jurisdiction:

  • Hearings to transfer juveniles to adult court for major felony crimes
  • Juvenile delinquency (crimes committed by juveniles under 17)
  • Juvenile dependency (child abuse or neglect)
  • Juveniles who are developmentally incapacitated or have a mental illness

Primary Location: Cherokee County Courthouse, Canton

Magistrate Court

The Magistrate Court in Cherokee County hears low-level civil and criminal cases. There are no jury trials in the Magistrate Court.

Jurisdiction:

  • Arrest warrants
  • Bad checks or deposit account fraud
  • Civil cases under $15,000
  • County ordinance violations
  • Court summonses
  • Distress warrant (allows the landlord to sell the tenant's property)
  • Evictions
  • Minor misdemeanors with fines rather than jail time
  • Preliminary hearings
  • Search warrants

Primary Location: Cherokee County Justice Center, Canton

Accountability Courts

Cherokee County has several Accountability Courts, which are designed to remove people with substance abuse issues or mental health issues from the traditional court system and instead offer treatment rather than jail time. When residents complete a treatment program and do not reoffend, their cases will be expunged. Here are the accountability courts for Cherokee County:

  • DUI Court offers first-time offenders treatment
  • Felony Drug Court
  • Family Treatment Court for parents with addiction issues
  • Juvenile Drug Treatment Court
  • Parental Accountability Court, for parents who are not paying child support
  • Treatment Court, for adults with mental illnesses

Primary Location: Cherokee County Justice Center, Canton

Municipal Court

Cherokee County has four Municipal Courts, which only hear traffic violations and city ordinance violations that occur inside city limits. Each Municipal Court is overseen by a Municipal Court Judge. There are no jury trials in Municipal Court.

Primary Location: City Halls in Ball Ground, Canton, Holly Springs, Waleska, and Woodstock

How to File a Case in Cherokee County

How to File a Case in Cherokee County

Filing a case in Cherokee County means that citizens pay careful attention to details, especially given the county's multiple courts. In Cherokee County, as with other counties in Georgia, citizens will file only civil cases because government agencies file criminal charges, traffic violations, and ordinance violations. People who file in the wrong court or submit incomplete paperwork may see their cases delayed or dismissed, so understanding the steps to take beforehand saves time and reduces stress.

Step 1: Choose the Correct Court

The first step Cherokee County citizens should take when filing a case is to decide which court to file in. Here are some guidelines. Civil cases will be filed in Superior Court (civil cases over $15,000, divorce, adoptions, child custody, land title disputes, and policy disputes), State Court (civil cases over $15,000), Probate Court (estates, wills, guardianships), Juvenile Court (juvenile dependency), or Magistrate Court (evictions, landlord-tenant disputes, distress warrants). For residents who are unsure, contact the Cherokee County Clerk of Courts for guidance on which court to file in.

Step 2: Complete Required Forms

Finding the required court forms to complete is easy in Cherokee County. Residents can find the court forms they need on the Clerk of Courts Forms Page or the Supreme Court of Georgia's Forms Page. It is important to fill out the court forms completely and correctly in order to avoid delays or dismissals. People who are unsure how to complete the required forms should visit the Cherokee County Clerk of Court for assistance.

Step 3: File the Case

Filing a case in all the courts can be done online or in person at the Cherokee County Clerk of Courts Office. Residents who choose to file online can do so by visiting the eFileGA website to file, and kiosks are available at the Clerk of Courts Office to file online with assistance. The Clerk of Courts staff is always willing to assist people who may have difficulty filing. Georgia mandates that attorneys file their civil cases online.

Step 4: Pay Filing Fees

Cherokee County residents who file a case online via eFileGA will pay the filing fees at the time of filing with a credit or debit card. People who file in person will pay their filing fees to the Clerk of Courts, and the office accepts cash, money orders, cashier's checks, certified checks, and credit or debit cards. If a resident cannot afford their filing fees, they must file two forms with the court clerk: the Pauper's Affidavit and the Pauper's Order, and be willing to prove financial hardship.

Step 5: Serve the Other Party

The next step in the civil filing process is ensuring that the defendant (the person or business being sued) is served notice of the civil suit. Like other states, Georgia prohibits plaintiffs in a case from serving the defendant. Instead, a service of process must be carried out by either a certified process server, a sheriff's deputy, or a neutral (unrelated to the plaintiff) adult. A Certificate of Service must be filed with the Cherokee County Clerk of Courts to certify that the service is complete for the case to continue.

Step 6: Monitor the Case

Once the civil case is filed, citizens just need to monitor the case for changes, such as hearings or trial dates. People in Cherokee County can monitor their cases through re:SearchGA or eFileGA. They can also contact the Clerk of Courts Office by phone or in person for case updates.

Cherokee County Courthouse Directory

Cherokee County Justice Center (Superior, State, Magistrate, Probate, Juvenile, and Accountability Courts)

Canton

Address: 90 North Street, Canton, GA 30114

Phone: (678) 493-6475

Website: Cherokee County Courthouse

Municipal Courts

Ball Ground Municipal Court

Address: 215 Valley Street, Ball Ground, GA 30107

Phone: (770) 735-2123

Canton Municipal Court

Address: 110 Academy Street, Canton, GA 30114

Phone: (770) 704-1500

Holly Springs Municipal Court

Address: 3235 Holly Springs Parkway, Holly Springs, GA 30115

Phone: (770) 345-5538

Waleska Municipal Court

Address: 8891 Fincher Road, Waleska, GA 30183

Phone: (770) 479-2912

Woodstock Municipal Court

Address: 12453 Hwy 92, Woodstock, GA 30188

Phone: (770) 592-6025

Legal and Self-Help Resources

Navigating the court system in Cherokee County can be difficult. Luckily, there are resources available to help residents in the county find help for legal issues. Here are a few helpful resources below:

  • The Georgia Legal Aid Society has civil legal assistance and resources for Georgia residents, especially for those citizens with low or moderate incomes. Their website also offers free legal advice via chat and self-help guides, and can provide attorney referrals as well.
  • The Veterans Consortium Pro Bono Program provides veterans who need legal help across Georgia with assistance with benefits, housing, discrimination, and other civil legal issues.
  • The Cherokee Family Violence Center offers legal help as well as advocacy during the court trial process for people affected by domestic violence. They can assist with civil protection orders as well as divorces, adoption, child support, and child custody. This organization is unique in the area for its advocacy programs.

FAQs

Are court records public in Cherokee County?

The Georgia Open Records Act means that most court records are open and searchable to the public. It also allows people to call, visit in person, or mail requests for court records. As with most Open Records Acts, there are some exceptions: juvenile delinquency or dependency files, adoption records, and specific medical or mental health details, such as competency hearings or guardianships for mentally ill or incapacitated adults.

Can I file a small claims case online?

Georgia law allows citizens to file small claims cases (under $15,000) in person or online via eFileGA. Attorneys who have been hired by Cherokee County residents for a civil lawsuit must file their cases online by law. It is not necessary to have legal representation for small claims cases, but the more complex civil cases heard in Superior Court or State Court usually require an attorney.

When is it helpful to use a third-party records finder?

Third-party records finders such as CourtCaseFinder are invaluable for residents of Cherokee County who may have missing or incomplete court records information. These third-party records finders search across courts, as well as states and counties, for court records. Because they can aggregate content for residents, these records finders may be more helpful in some cases.

Other Counties in Georgia

Table of Contents