IN THE MAGISTRATE COURT OF FLOYD COUNTY, GEORGIA

RE: AMENDMENT TO COURT PROCEDURES FOR ON LINE FILING

                                          The Court adopted procedures for on line filing on the 11^th day of June, 2013. To assure there is no confusion this Amendment is adopted to address several issues that may arise and assure that no conflicts arise.

FILING OF ANSWERS ON LINE

There are three basic type of answers that may be filed on line and each has different elements that must be taken into consideration, as follows:

A. CIVIL CLAIMS: The Defendant(s) have thirty (30) days to file an answer. The date of service does not count as one of the thirty days. After thirty days the case is in default. However, the Defendant can open the default between the thirty first (31) and the forty fifth (45) day upon paying all court costs in full; upon payment the answer may be filed. If the last day to file an answer falls on a weekend or legal holiday the Defendant has until the next business day to file their answer.

B. TRANSPORTABLE HOUSING DISPOSSESSORY & PERSONAL PROPERTY FORECLOSURE CASES: The Defendant(s) have seven (7) days to file an answer. The date the claim is served does not count as one of the days. After the seventh day the case is in default, however, the Defendant can open the default between the eighth (8) day and the fourteenth (14) day upon paying the court costs in full; upon payment of the court costs the Defendant can file their answer. If the last day to file the answer falls on a weekend or an official legal holiday the Defendant has until the next business day to file their answer.

C. DISPOSSESSORY CASES: In the regular landlord/tenant dispossessory cases the Defendant(s) have seven (7) days to file an answer. After seven days the Defendant is in default and there is no provision under the law to open the default and allow the Defendant to file an answer after the seven days have expired. If the seventh day falls on a weekend or legal holiday the Defendant has until the next business day to file the answer.

ELECTRONIC DATE AND TIME OF FILING OF ANSWERS

When an Answer is filed on line the following information will be shown on the Answer itself, as follows:

1. The date the answer was filed electronically;

2. The time the answer was filed electronically.

ANSWER AND TRAVERSE RESPONSES THAT CAN NOT BE FILED ON LINE

                                                                                    The on line filing service is not able to calculate the court costs required to allow a Defendant to pay courts to open the default and file an answer. Certain cases require a Traverse to the filed, for example, to a Garnishment action by the Defendant. Due to the requirements of the law to file these responses the following cannot be filed on line, and must be filed in the office or by mail, as follows:

a. Any case that is in default including but not limited to dispossessory cases, civil actions, personal property foreclosure cases and transportable housing dispossessory cases.

b. Whether the response or answer is in default or not, the answer or traverse cannot be filed on line in the following cases; garnishment cases, abandoned motor vehicle cases and responses to interrogatories.

PARTY PAYING THE FILING FEE AND COURT COSTS

There may be times when the answer is in a different name than the party that remits payment for the online filing fee and/or court costs. If possible Efile Georgia will designate the answer in such a way that the Court can be assured who remitted the fee, for example by stating filing fee/court costs paid by Joe Doe on behalf of Jane Doe, etcetera.

GENERAL INFORMATION

THE COURT PROCEDURES ADOPTED ON JUNE 11, 2013 NOT IN CONFLICT WITH THIS AMENDMENT SHALL REMAIN IN FULL FORCE AND EFFECT.

DUE TO THE REQUIREMENTS OF THE LAW IN REGARD TO FILING OF ANSWERS IT IS RECOMMENDED THAT ALL ANSWERS AND RESPONSES BE FILED IN THE OFFICE OR BY MAIL. IF A DEFENDANT ELECTS TO FILE AN ANSWER OR RESPONSE ON LINE THEY DO SO AT THEIR OWN RISK, AS THE RULES OF LAW SHALL APPLY. IF THE DEFENDANT FAILS TO COMPLY WITH THE LAW THE ANSWER WILL BE DISMISSED WITHOUT ANY NOTICE. IT IS THE DEFENDANT’S RESPONSIBILITY TO ASSURE THE ANSWER OR RESPONSE IS ACCEPTED AND STAMPED AS FILED IN OFFICE.

THE DATE OF FILING OF DOCUMENTS IN THE OFFICE OR BY MAIL IS THE DATE THE DOCUMENT IS RECEIVED BY THE CLERK AND STAMPED FILED IN OFFICE.

EFFECTIVE AUGUST 9, 2013.

                                                                                                                              Signed this 9^st day of August, 2013

                                                                                                                              W. Gene Richardson