DeKalb County Courts

DeKalb County has a population of about 760,000 people, making it the fourth-most populous county in Georgia. Decatur is its county seat, and Stonecrest largest city. The county is home to about 10% of Atlanta City's residents. DeKalb County courts make up the DeKalb Judiciary Circuit (previously called the Stone Mountain Judiciary Circuit).

According to the Judiciary Council of Georgia Administrative Office of Courts' Caseload Dashboard, the DeKalb County Superior Court hears about 4,000 criminal cases, 8,300 domestic relations cases, and 1,600 general civil cases yearly. The State Court of DeKalb County handles an average of 39,000 criminal cases and 5,000 civil cases annually. Also, the DeKalb County Magistrate Court hears approximately 50,000 criminal cases and 46,000 civil cases each year.

DeKalb County residents are served by the Superior, State, Juvenile, Probate, Magistrate, Municipal, and Federal Courts. These courts handle different types of cases, including civil, criminal, domestic relations, mental health, probate, and juvenile cases, depending on each court's jurisdiction:

• DeKalb County Superior Court has general jurisdiction over all criminal and civil cases, but typically handles felonies, lesser-included offenses, equity, real property titles, child visitation rights, divorces, annulments, legal separation, paternity, spousal support, domestic violence protection orders, and appeals from other county courts.
• The State Court of DeKalb County typically hears misdemeanors, traffic offenses, and civil cases.
• DeKalb County Juvenile Court typically hears truancy, juvenile delinquency, paternity, juvenile traffic offenses, termination of parental rights, child support, child custody, and cases involving judicial consent for juveniles.
• DeKalb County Magistrate Court typically hears preliminary felony hearings, misdemeanors, county ordinance violations, landlord-tenant disputes, civil cases with claims under $15,000, and temporary domestic violence protective orders.
• DeKalb County ProbateCourt generally handles appointment of conservatorships and guardianships, management of estates and trusts, and admission of wills.

There are also 10 municipal courts in the county serving various cities and towns, including Decatur, Avondale Estates, Chamblee, Brookhaven, Doraville, Clarkston, Dunwoody, Lithonia, Pine Lake, and Stone Mountain. These courts handle preliminary felony hearings and municipal ordinance violations.

How To Access DeKalb County Court Records

Unless prohibited by law or court orders, DeKalb County court records are generally accessible to the public. Public access to court case records in the county is a right under the Georgia Open Records Act. Restricted court records in DeKalb County usually include records of minors, adoptions, expunged or sealed court records, mental health and medical records, child protection orders, and mental health commitments. Some court records containing restricted information may have those portions redacted. Examples of such restricted information include financial accounts, Social Security numbers, trade secrets, and data that could jeopardize personal or public safety.

In DeKalb County, a case number is typically required to find a court record, but the complete name of the parties involved and the filing date may also be used. A valid government-issued photo ID may also be required before a record seeker may access county court records. DeKalb County court records may be accessed using the following methods:

Online

DeKalb County court records are maintained by the relevant courts with jurisdiction over cases and may be accessed through dedicated online databases provided by the courts. Interested persons may access Superior and State Courts records through re:SearchGA or the DeKalb County Judicial Information System provided by the DeKalb County Clerk of Superior Court. In addition, the Magistrate Court allows the public to access their docket online through the Case Search platform. Requesters may search by name, case number, citation number, or driver's license number.

Interested parties may also search DeKalb County court records through CourtCaseFinder. The website is designed to provide court records search services. It aggregates publicly available court records from every United States county.

In addition, record seekers may access records of federal cases heard in DeKalb County through the Public Access to Court Electronic Records (PACER) service for a fee. They are required to first register for a free account on the platform to access court records.

In-Person

Record seekers may access DeKalb County court records in person by visiting the relevant court. Typically, the clerks of each court maintain records of cases heard by their courts. Before the visit, interested parties may contact the clerk's office of the relevant court to learn the prerequisites for in-person access to court records. Depending on the court, a requester may have to submit a written request or an application form, and there may be related copy fees. Record seekers may also use the public-access computers in some court premises to access the county's court records.

Old and Archived Court Records

Old Court records that are not available online may be accessed at the courthouses. The DeKalb County Clerk of Superior Court keeps records of old court and land records in the county, while other courts' clerks maintain their old records. A record seeker may contact the relevant clerk's office to make the request.

Furthermore, the Georgia Archives maintains old and historic court records for all counties in the state, including DeKalb County. Individuals interested in accessing archived records that are not available in the county courthouses may contact the state archives at:

How To File a Case in DeKalb County

To file a case in DeKalb County, one must first determine which court has jurisdiction over the case. They may visit the court's website or contact the court clerk to verify if the court can handle the case they intend to file. Once the court has been determined, they may file the case electronically, by mail, or in person.

Civil and family law cases may only be filed electronically at the Superior Court through the eFileGA website, either remotely or by using the public access terminals in the court premises. Before filing a case in the county, it is crucial to confirm that the case is within the relevant statute of limitations. In addition, a case may only be filed in DeKalb County if at least one of the defendants resides in the county.

The plaintiff may need to prepare the complaint detailing the facts of the case, the parties involved, and the relief the plaintiff is seeking from the court. They may also prepare the summons to officially notify the other party (defendant) that a case has been filed against them and other required documents. The requirements for cases and courts differ; the plaintiff may first contact the clerk to ascertain the documents required for successfully filing a case. If the case is a small claims case, with claims under $15,000 and filed at the Magistrate Court, the plaintiff may use the Statement of Claims form to do the filing.

The plaintiff may then submit the complaint and other required documents and evidence to the appropriate clerk's office. Typically, filing a case in DeKalb County attracts specific filing fees depending on the court and case type. The filing cost for small claims in the Magistrate Court is $54, while other case types in the court cost varying amounts. The Superior Court provides a Fees Schedule to guide litigants on appropriate filing fees. Individuals unable to pay the filing fees may apply for a fee waiver.

To get a waiver, an individual must complete and file the In Forma Pauperis (Poverty Affidavit) form. The clerk of the court then submits the completed poverty affidavit form to the judge for review and consent. The judge will issue an order on affidavit of poverty if the waiver is approved. Following that, the petitioner must re-file the case with the approved order and waiver payment account included in the supporting documentation.

After filing the case, the plaintiff must serve the defendant through the DeKalb County Sheriff's Office or by private Process Servers. However, it is recommended that people get legal counsel when filing cases in DeKalb County, and those with low income can seek pro bono legal assistance from the county's legal aid organizations.

To file a case in DeKalb County, you typically need to do the following:

• Determine the case type and the Court that has jurisdiction.
• Complete the required forms and prepare the necessary documents. The documents should provide specifics of the events that caused the lawsuit and the parties involved in the case. Attach relevant documents, exhibits, and evidence to support the case.
• Pay the applicable filing fees or apply for fee waivers, if eligible. DeKalb County court Fees may be paid by cash, credit/debit cards, check, or money order made payable to the Clerk of the Court.
• File the complaint with the relevant court and serve the defendants.

Legal Help and Self-Help Resources

Across the United States, county court systems play a vital role in ensuring access to justice. Legal assistance and self-help resources are foundational to this access, particularly for self-represented litigants involved in civil, family, probate, or small claims matters. These resources vary by jurisdiction but commonly include self-help centers, online portals, legal aid organizations, and court-affiliated assistance programs.

In DeKalb County, pro bono panels and local legal aid organizations may be able to assist litigants who cannot afford the services of legal counsel. These organizations typically assist in personal court cases, including housing, probate, domestic relations, sexual and domestic violence, public benefits, landlord/tenant relations, sex trafficking, elderly citizens, healthcare access, and veterans' matters. The following self-help and legal aid resources are generally available to indigent litigants in the county:

• Free Legal Representation for Low-income Persons
• Atlanta Legal Aid Society
• Georgia Legal Aid
• Georgia Legal Services Program
• DeKalb Volunteer Lawyers Foundation
• Georgia Justice Project
• DeKalb Pro Bono
• Georgia Law Center for the Homeless
• Private Lawyer Referral Services
• Atlanta Bar Association Referral Service
• American Bar Association Program

Other legal aid services and self-help resources available to DeKalb County residents include the following:

• Housing Court Assistance Center (HCAC)
• Georgia Lawyers for the Arts
• Georgia State University Veterans Legal Assistance Program
• Georgia State University Center for Access to Justice

Types of Courts in DeKalb County, Georgia

DeKalb County residents are served by several courts, including superior, state, juvenile, probate, magistrate, municipal, and federal courts. Below is a list of each court's jurisdiction and contact details:

DeKalb County Superior Court

• Jurisdiction/Cases Heard: Felonies, lesser-included offenses, equity, real property titles, divorces, annulments, legal separation, paternity, spousal support, domestic violence protection orders, and child visitation rights.
• Address and Contact Information

State Court of DeKalb County

• Jurisdiction/Cases Heard: Misdemeanors, traffic offenses, and civil cases outside the exclusive jurisdiction of the Superior Court.
• Address and Contact Information

DeKalb County Juvenile Court

• Jurisdiction/Cases Heard: Juvenile delinquency, truancy, minor traffic offenses, termination of parental rights, paternity, child support, child custody, and cases involving judicial consent for juveniles as regards marriages, employment, abortions, and enlistment.
• Address and Contact Information

DeKalb County Probate Court

• Jurisdiction/Cases Heard: Admission of wills, management of estates and trusts, involuntary mental health commitments, appointment of guardianships and conservatorships.
• Address and Contact Information

DeKalb County Magistrate Court

• Jurisdiction/Cases Heard: Preliminary felony hearings, minor criminal offenses, county ordinance violations, landlord-tenant disputes, temporary domestic violence protective orders, and civil cases with claims under $15,000.
• Address and Contact Information

DeKalb County Municipal Courts

• Jurisdiction/Cases Heard: municipal ordinance violations and preliminary hearings for some criminal cases.

Municipal Court of Decatur

Address and Contact Information

Municipal Court of Avondale Estates

Address and Contact Information

Municipal Court of Chamblee

Address and Contact Information

Municipal Court of Brookhaven

Address and Contact Information

Municipal Court of Clarkston

Address and Contact Information

Municipal Court of Doraville

Address and Contact Information

Municipal Court of Lithonia

Address and Contact Information

Municipal Court of Dunwoody

Address and Contact Information

Municipal Court of Stone Mountain

Address and Contact Information

Municipal Court of Pine Lake

Address and Contact Information

Federal Courts in DeKalb County

The following are the federal courts in the county:

United States District Court for the Northern District of Georgia

• Jurisdiction/Cases Heard - Civil and criminal cases about federal laws, the U.S. Government, and the United States Constitution.
• Address and Contact Information -

United States Bankruptcy Court for the Northern District of Georgia

• Jurisdiction/Cases Heard - Bankruptcy cases.
• Address and Contact Information -

Frequently Asked Questions (FAQs) About DeKalb County Courts

Answers to some frequently asked questions about DeKalb County, Georgia courts, are provided below: