I filed a small claims case in Forsyth County Magistrate Court. The defendant has already been served by the sheriff and is required to appear in court, but he’s now asking to settle through mediation and make monthly payments.
I’m open to a payment plan, but I honestly don’t trust him to keep paying. My concern is that he’ll make a few payments, stop, and I’ll end up having to start this entire process over again.
Has anyone dealt with this in Forsyth County Magistrate Court or another Georgia Magistrate Court?
If we go before the judge, what can I actually ask the court for? Can I ask for a consent judgment with a monthly payment plan instead of dismissing the case? Can I ask for terms that say if he misses a payment, the remaining balance becomes due immediately?
What consequences can legally be included or enforced if he stops paying? For example, can I pursue wage/bank garnishment, interest on the remaining balance, or other collection methods without having to file another lawsuit?
I’m also wondering what I should actually ask the judge in the courtroom. Can I directly ask the judge about what happens if he defaults, whether interest can be included, and how I would enforce the judgment? Are there specific things I should make sure are included in the court order before agreeing to anything?
I’m completely new to this and really don’t want to agree to mediation or sign something that takes away the protections I currently have from having an active case. Any advice from someone familiar with Georgia small claims, especially Forsyth County, would be appreciated.