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Warranty Deed A warranty deed is the most common type of deed used in most purchase and sale transactions. It offers the best protection for the grantee because it guarantees that the title is good and marketable. Quit Claim Deed A Quit Claim Deed transfers ownership interest of the grantor to the grantee without any warranties or guarantees that title is good or that the property is free of liens or claims. Filing Guide To make a change on the deed of a property a new deed must be prepared. Additionally, PT-61 forms are required and available online at www.gsccca.org/file . The form must be completed online, printed and submitted with new deed at time of recording. An attorney or business can prepare the new deed. You can also prepare the new deed yourself, however, please note that Clerk's office cannot give legal advice, nor can we assist in preparing the new deed or PT-61 forms. For your convenience, public computers are available for filing out the PT-61 forms, if needed. Once the form is prepared, the new deed will need to be filed with the Clerk's office. The filing fee is $25.00. Payment of transfer tax is required at time of recording if not exempt. Authority O.C.G.A. §48-6-1; §48-6-2. There are three ways to file: All self-filers MUST eFile real estate documents. (Per HB 1292 effective January 1, 2025) https://www.cherokeecourtclerk.com/efiling These Groups may file via paper or eFile: (Per HB 1292 effective January 1, 2025) Georgia-licensed attorneys, Mortgage lenders, (Georgia licensed or exempt) Mortgage servicers, (as such term is defined in 12 C.F.R. Section 1024.2) Federally insured bank or credit unions Georgia -licensed surveyors, Title insurance companies, (Georgia licensed) Georgia-licensed real estate brokers or salespersons, Any public official. In person: Mon – Friday from 8:00 am to 4:30 pm By Mail: Deeds and Records 90 North Street, Suite G-150 Canton, GA 30114 Requirements to be filed Submit the original document with original signatures for recording The deed must describe the real property, full legal description located in Cherokee County. Make sure your document has a grantor and a grantee Be signed by the grantor party/parties Must be signed, have unofficial witness signature and be notarized The Clerk’s office will not notarize documents Make sure the fees are enclosed payable to Cherokee Clerk of Court (Not applicable for self-filers) Money order or certified funds – made out to the Cherokee Clerk of Court Cash (we do not recommend sending cash through the mail) Credit Cards for in office filing only (adds 3% convenience fee) Include a return address at the top left corner of each document A three-inch margin at the top of the first page Generated PT61 form required for all conveyances This document contains general information about legal matters pertaining to documents filed with the Clerk of Superior Court. This information is not to be construed as legal advice. It is always in your best interest to consult an attorney regarding questions or concerns prior to filing.

Legal Terms Action - A court proceeding when one party prosecutes another for the protection or enforcement of a right, the prevention or correction of a wrong, or the punishment of an offense. Affiant - The person who swears to an affidavit. Affidavit - A written statement of facts sworn to or affirmed under oath in the presence of a notary public. Affirmation - A formal declaration under penalties of perjury that a statement is true, without an oath. Answer - The formal written response by a defendant to a statement of claim which sets forth the grounds for his or her defense. Bail - Security (usually in the form of money) given for the release of a criminal defendant from legal custody to ensure the defendant's future appearance on the day and time set by the court. Bail Bond - A document purchased from a bondsman that is given to the court instead of money for bail. Once signed by the defendant, he or she is released from custody on the condition that the amount stated on the bail bond will be forfeited should the defendant not appear in court at the required time. Bench - The Judge's seat or the Judge, himself/herself. Case - A lawsuit or judicial proceeding intended to solve a controversy between parties. Civil Case - An action brought by a person or party to recover damages or property, to force someone to honor a contract or to protect one's civil rights. Cause of Action - The facts that make the basis for a case or lawsuit. Counterclaim - An independent cause of action, usually by the defendant, that opposes or offsets a previous claim made by the plaintiff. Damages - An award of money paid by the losing party to the winning party to compensate for losses or injury incurred. Decision - The determination reached by a court in any judicial proceeding that is the basis of the judgment. Default - The failure of a defendant to file an answer or appear in a civil case within the prescribed time after having been properly served with a summons and statement of claim. Default Judgment - A judgment made in favor of the plaintiff because of the defendant's failure to answer or appear to contest the plaintiff's claim. Defendant - The accused in a criminal case or, in a civil case, the person or organization against whom the plaintiff brings an action. Defense - The defendant's facts or arguments that demonstrate why the plaintiff is not entitled to the relief requested in a civil case. Dispossessory - An action to evict a person from possession of land or rental property. Docket - A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings. Domicile - That place where a person has a true and permanent home. A person may have several residences but only one domicile. Evidence - Any type of proof that is legally presented at trial through witnesses, records and/or exhibits. Exhibit - A document or material object produced and identified in court for the purpose of introducing it as evidence in a case. Each of these documents or objects is ordinarily given an identifying letter or number in alphabetical or numerical sequence before it is offered as evidence. File - To deposit in the official custody of the Clerk of the Court to enter into the files or records of a case. Filing Fees - Money paid to the court to start a civil case. Jurisdiction - 1) The legal authority of a court to hear and decide a case. Small Claims Court can handle civil claims up to $15,000; 2) The geographic area over which the court has authority to decide cases. For example, you must sue a corporation in the county where it is doing business, where it is incorporated or where the registered agent is located. [The registered agent is the party who should be served for the corporation.] Individuals must be sued in the county in which they reside; and 3) the territory, subject matter or persons over which lawful authority may be exercised by a court, as determined by constitution or statute, e.g., the Small Claims Court cannot try cases involving divorce or family matters or where the court is called upon to decide who is the legal owner of real estate. Laches - The failure to diligently assert a right which results in a refusal to allow relief. Landlord - An owner also called a "lessor", who rents out real property to a tenant, also called "lessee". Lawsuit - 1) A legal action started by a plaintiff against a defendant based on a statement of claim that the defendant failed to perform a legal duty, which resulted in harm to the plaintiff, 2) a legal dispute brought to a court for resolution. Lease - An agreement for renting real property. A lease is usually written and for a set term, such as one year. A residential rental agreement can be oral and is presumed to be month-to-month. Lien - A claim upon property of another as security for some debt. Minor - A person under the age of 18 years. Party - One of the litigants. At the trial level, the parties are typically referred to as the plaintiff or complainant and the defendant or respondent. On appeal, they are known as the appellant and appellee. Plaintiff - The party bringing a civil case. Promissory Note - A written document by which one person promises to pay money to another. Proof of Service - The form filed with the court that proves the date on which the documents were formally served on a party in a court action. Pro se - Refers to persons who present their own cases without lawyers, from the Latin for "on one's own behalf". Replevin - An action brought by the owner of items to recover possession of those items when those items were wrongfully taken or are wrongfully kept. Service of Process - The delivery of legal documents to the opposing party, completed by an adult over the age of 18, who is not a party to the action, who swears to the date and method of delivery to recipient. Settlement - An agreement reached among the parties that resolves the case at any time before court findings. Small Claims Case - A civil case for monetary judgment of $15,000 or less. Small Claims Court - The division of the trial court that handles civil cases seeking monetary awards of $15,000 or less. Small Claims Court is designed to be simple, quick and less costly than a regular civil lawsuit. In Small Claims Court, either party may appear pro se (without a lawyer), and there is no jury.The plaintiff and defendant may appeal an adverse decision by the judge. Statement of Claim - A written statement filed by the plaintiff that initiates a civil case, stating the wrongs allegedly committed by the defendant and requesting relief from the court. Statute of Limitations - A law that sets the deadline by which parties must file suit to enforce their rights. Subpoena - An official order to attend court at a stated time. The most common use of the subpoena is to summon witnesses to court for the purpose of testifying in a trial. Subpoena duces tecum - An official order to produce documents or records at a stated place or time. Summons - A notice to the defendant that an action against him or her has been commenced in the court issuing the summons and that a judgment will be taken against him or her if the statement of claim is not answered within a certain time. Tenancy at will - A right to occupy property for an indefinite term that is created by the owner or person in lawful possession giving permission to another person to occupy the property. Terminating a tenancy at will requires the same legal procedure as terminating a month-to-month tenancy. Tenant - A person who rents property. Testify - To give evidence under oath as a witness in a judicial proceeding. Testimony - Evidence presented orally by witnesses during trials. Verdict - The decision of a trial jury that determines the final outcome of a civil case. Warrant - A written order issued and signed by a judicial officer directing a peace officer to take specific action. Can be 1) an arrest warrant, i.e., one that commands a peace officer to arrest and bring before the court the person accused of an offense for the purpose of commencing legal action; 2) a benchwarrant, i.e., a written order issued by the court from the judge or bench commanding a person's arrest because of his or her failure to appear in court; 3) a recall warrant i.e. a procedure for removing from Department of Justice and state police computers information concerning cancelled warrants in order to avoid mistaken arrests; or 4) a search warrant, i.e., an order issued by a judge, based on a finding of probable cause, directing law enforcement officers to conduct a search of specific premises for specific persons or things and to bring them before the court.

COVID 19 INFORMATION AND LINKS This page was created to display current orders, links and memorandums involving Socially Distant Services. We also, regularly post updates on our FaceBook page at Clerk of Court Facebook 1 State Court Misdemeanor Schedule Misdemeanor Traffic Schedule effective during Judicial emergency****REVISED**** Order Terminating Emergency Misdemeanor Traffic and Game/Fish Offense Schedule In an effort to reduce the number of people coming to the Justice Center, Chief State Court Judge Alan Jordan has reduced traffic offenses by 15% during the duration of the state of emergency. The 15% reduction ONLY applies if the traffic fine is paid PRIOR to the court date on your citation. We have options for paying prior to your court date, that does NOT involve coming to the Justice center. YOu can mail your payments with a money order to: State Court, 90 North Street, Canton, GA 30114 or you can pay online by visiting Cherokee County Online Traffic Payments Or you can call 678.493.6550. Below is a copy of the Traffic Fine Schedule, some offenses that previously were "MUST SEE JUDGE" are now payable at a reduced rate. 2 Superior Court Information March 13, 2020, Order Declaring Judicial Emergency March 18, 2020, Order to Address Essential Functions April 6, 2020, Order on Videoconferencing April 7, 2020, Order Declaring Extension of Judicial Emergency April 8, 2020, Order on Videoconferencing May 12, 2020, Order Declaring Second Extension of Judicial Emergency July 13, 2020, Order Declaring Local Judicial Emergency August 12, 2020 Order Extending Local Judicial Emergency December 18, 2020 Order Extending Local Judicial Emergency December 29, 2020 Amendment to Order Declaring Local Judicial Emergency. January 15, 2021 Amendment to Order Declaring Local Judicial Emergency. February 18, 2021 Order Extending Local Judicial Emergenc y March 11, 2021 Guidelines for Judicial Emergency July 1, 2021 Order Declaring Local Judicial Emergency 3 TPO information If you need assistance filing an emergency pleading, please call 678.493.6511 and we will assist you. If you need a TPO, you can also call the Family Violence Center at 770.479.1703 or 1.800.33.HAVEN for filing assistance. 4 Supreme Court Judicial Emergency Orders March 14, 2020, Supreme Court Order Declaring Statewide Judicial Emergency April 6, 2020, Supreme Court Order Extending Declaration of Statewide Judicial Emergency May 11, 2020, Supreme Court Second Order Extending Declaration of Statewide Judicial Emergency August 11 2020, Supreme Court Order Extending Declaration of Statewide Judicial Emergency 5 Superior State and Magistrate Court Electronic filing and Docket Search To efile in Cherokee County Superior Court Criminal and Civil, State Court Criminal and Civil and Magistrate Civil visit Efile Ga To view and purchase efiled records for Georgia Counties using Tyler as their efile service provider visit R esearch-Efiled Records To view and purchase public records for cases filed in Cherokee County Superior, State and Magistrate Court (e-filed or paper filed) visit Docket Search 6 Clerk of Court Memoranda Socially Distant Services March 24, 2020 Socially Distant Services Updated Memoranda

ZOOM TRAFFIC COURT DOCUMENTS DOCUMENTS FOR CASES WITH ATTORNEY PLEA PACKET-ATTORNEY **DOWNLOAD HERE** PLEA PACKET- ATTORNEY (SPANISH) **DOWNLOAD HERE** PRESENCE WAIVER **DOWNLOAD HERE** WAIVER OF JURY TRIAL **DOWNLOAD HERE** DOCUMENTS FOR SELF-REPRESENTED (NO ATTORNEY) PLEA PACKET---SELF-REPRESENTED **DOWNLOAD HERE** PLEA PACKET---SELF-REPRESENTED (SPANISH)**DOWNLOAD HERE** PRESENCE WAIVER **DOWNLOAD HERE** WAIVER OF JURY TRIAL **DOWNLOAD HERE** PROBATION INSTRUCTIONS GEORGIA PROBATION MANAGEMENT REPORTING INSTRUCTIONS **DOWNLOAD HERE** CHEROKEE PROBATION REPORTING INSTRUCTIONS **DOWNLOAD HERE**

Family Violence Temporary Protective Order (TPO) Protection Order If you have been abused or harassed, you can request a Protective Order. If you have a relationship with the person you want protection from you may ask the Court for a Family Violence Temporary Protective Order. If you are not related to the person you may petition the Court for protection from stalking. If the Court grants your petition, you will initially receive an Ex Parte Temporary Protective Order. If the Court grants your Ex Parte Temporary Protective Order, you will receive a court date to return for a hearing at which time you may ask the Court for a 12-Month Protective Order. The information and documents below are intended for information purposes and your convenience ONLY and does not constitute legal advice. This does not replace legal advice from an attorney and if you feel you need legal advice, you should contact an attorney. Nothing on this website shall be a guarantee, warranty or other assurance that the information or documents provided are accurate or current; that any action on such information or documents is legally advisable; or that the forms or documents provided are proper for filing or will be accepted by any court. TPO Filing Information please include TPO questionnaire with filing information Family Violence Forms : Petition for Temporary Protective Order Family Violence Ex Parte Protective Order Affidavit of Notice Family Violence 12 Month Protective Order Family Violence 3yr/Permanent Protective Order Dismissal of Temporary Protective Order Family Violence Continuance Order Form Order to Modify Protective Order Child Support Addendum to Family Violence Protective Order Stalking Forms: Petition for Stalking Protective Order Stalking Ex Parte Protective Order Stalking 12 Month Protective Order Stalking 3 yr/ Permanent Protective Order Stalking Permanent Protective Order Pursuant to Criminal Conviction Dating Violence Forms : Petition for Dating Violence Temporary Protective Order Dating Violence EX PARTE Protective Order Dating Violence Twelve Month Protective Order Family Violence Intervention Programs and Articles: Stalking Fact Sheet National Institute of Justice-Stalking Other Forms: Stalking Protective Order pursuant to criminal conviction Child Support Addendum of Protective Order Family Violence Intervention Program Compliance Form Family Violence Intervention Program Status Order Sheriffs Entry of Service *UPDATED 11/14/24 Identifying Fact Sheet *UPDATED 03/28/25

Uncontested Divorce Packet With Minor Children Uncontested Divorce Packet Without Minor Children Motion for Judgment on the Pleadings INFORMATION, NOT LEGAL ADVICE The forms and information available on this website are not intended as legal advice and should not be considered as such. They are provided only for reference purposes. The content and format of forms not specifically determined by a Georgia statute or court rule may require modification to suit the specific facts of a given case. The publication of these forms is in no way a representation that they are appropriate for use in a particular case or situation, or that they are adequate for use without modification and/or elaboration. In addition, the law may change at any time, making current forms outdated. You should always research and review those statutes and procedural rules that pertain to your case to ensure that the complaint, answer, motion, or other document you are filing is accurate and in compliance with current Georgia law. To ensure the proper use of any of these forms, you should consult a licensed attorney. FREE, NOT FOR SALE The information and forms available on this website are free. They are not for sale. By using this website, you agree not to sell or make a profit in any way from any information or forms that you obtained through this website (this does not include licensed attorneys utilizing these forms in a specific case). CONTACT AN ATTORNEY WITH ANY QUESTIONS If you have questions about how any of the information and/or forms contained on this website relate to your case, we strongly recommend that you contact a licensed attorney. For attorney referral, please contact the Blue Ridge Bar Association www.blueridgebarassociation.com CERTIFICATION By using the forms on this website, cherokeecourtclerk.com , you are certifying that you have read, understand, and agree with this DISCLAIMER. The Clerk of Courts, its officials, employees, agents and/or anyone contributing to the creation of the forms, instructions, other materials, frequently asked questions, and all other information provided on or by cherokeecourtclerk.com assume no responsibility for, and shall be held harmless for, any and all damages (direct, indirect and/or consequential) resulting from your reliance and/or use of any information, forms, and/or materials. The use of the information and forms on clerk.cherokeega.com does not guarantee any particular outcome in court.

Processing Times (Effective October 31, 2022) Routine 6-9 Weeks Expedited* 3-5 Weeks Expedited at Agency 8 Business Days *Expedited service is an additional $60.00 Already Applied for a Passport? Check the status of your application online . It takes approximately 5-7 days for applications to be tracked online. It may take less time if you paid for Expedite Service and sent your application via overnight delivery. Please remember when calculating processing times, passport cards cannot be shipped using overnight delivery. All passport cards are returned using First Class Mail. If you are traveling within 2 weeks or need a passport for a foreign visa within 4 weeks and: Have not yet applied, please call our National Passport Information Center (1-877-487-2778) to schedule an appointment and submit your application at a Passport Agency . Have already applied, please contact our National Passport Information Center to speak with a Customer Service Representative when you are 7 days out from your travel date. If you are NOT traveling within 2 weeks or need a passport for a foreign visa within 4 weeks and: Have not yet applied, please visit our First Time Applicants page or Renew a Passport page for information on how and where to apply. Have already applied, please refer to the application processing times above. Please Note: the application processing times above apply to all types of passport services, including requests for a name change and additional visa pages.

EFiling For organizations that submit documents to the Cherokee County Deed Office via (express) mail, runner or courier service, the availability of e-recording services means that you are able to securely and cost-effectively file documents with the county through a web browser from the comfort and convenience of your office. E-Recording not only saves you time and money, it also accelerates document recordings, increases your office productivity, and increases the security of documents you file with the county. We have several e-Recording vendors to choose from: Simplifile: https://simplifile.com/ CSC: www.erecording.com ePN: www.GOePN.com Indecomm: https://www.indecomm.net/ GSCCCA: https://efile.gsccca.org/Home.aspx E-Filing Guide for GSCCCA e-filing portal E-Filing Guide GSCCCA Identity Verification Guide – idvguide PDF attached House Bill 1292 modifies real estate filing requirements effective 1/1/2025. Read more by clicking here.

Trade Name Registration For Information on incorporating a business please visit www.georgia.gov Georgia law requires that every person, firm or partnership carrying on in this state any trade or business under any trade name or partnership name which does not disclose the individual ownership of the trade, business or profession shall before commencing to do business, file a registration statement in the office of the Clerk of Superior Court and that notice of such filing shall be published in the legal organ of the county once a week for two weeks. Our legal organ is: Cherokee Tribune 521 East Main Street Canton, GA 30114 The law further provides that any person, firm or partnership or corporation subject to such law carrying on any trade or business without filing registration as required shall be guilty of a misdemeanor and may be subject to other penalty or forfeiture. (O.C.G.A. 10-1-493) For more information and a copy of the application please visit, https://www.cherokeecourtclerk.com/trade-name . The Trade Name Application can be walked in or mailed to the Clerk’s Office located at 90 North Street STE G150, Canton, GA 30114. Requirements to be filed Make sure that the trade name to be registered is not currently being used in the county where your business is located. Name & Address of the person, person, firm or partnership owning & carrying on said trade or business Nature of the business being carried on Trade, partnership or other name used *Information on incorporating a business www.georgia.gov Make sure your recording fees are enclosed payable to Cherokee Clerk of Court Money order or certified funds – made out to the Cherokee Clerk of Court Cash (we do not recommend sending cash through the mail) Credit Cards for in office filing only (adds 3% convenience fee) Submit the original document with original signatures for recording Have trade name notarized It should not be assumed that Trade Name Registration pursuant to this law necessarily “SECURES” or “PROTECTS” the use of the name registered exclusively to the use or benefit of the person filing the registration. As the law concerning protection of the Trade Name is very complex and right in and any given name may depend on the factual circumstance presented. This document contains general information about legal matters pertaining to documents filed with the Clerk of Superior Court. This information is not to be construed as legal advice. It is suggested that you consult your attorney for guidance in the event you are concerned with protecting the use of such name or have any questions prior to filing.

COVID 3.13.20- Order Declaring Judicial Emergency 3.18.20- Order to Address Essential Functions 3.19.20- Misdemeanor Traffic and Game and Fish Offense Schedule for Duration of Judicial Emergency 3.25.20- Order on Public Access 3.26.20- First Amendment to Order Addressing Essential Functions 4.7.20- Order Declaring Extension of Judicial Emergency 4.8.20- Order on Videoconferencing 4.16.20- Order for Transcription of Criminal Hearings During State of Judicial Emergency 4.28.20- Order Extending January Term of Court 5.12.20- Amended Order on Public Access 5.12.20- Order Declaring Second Extension of Judicial Emergency 6.19.20- Order on Justice Center Safety Protocols and In-Court Judicial Proceedings 7.6.20- Revised Misdemeanor Traffic and Game and Fish Offense Schedule for Duration of Judicial Emergency 7.13.20- Order Declaring Local Judicial Emergency 8.12.20- Order Extending Local Judicial Emergency 9.2.20- Order Continuing Grand Jury 11.2.20- Order Appointing Jury Trial Resumption Committee 11.11.20- Amended Order Appointing Jury Trial Resumption Committee 12.18.20- Order Declaring Local Judicial Emergency 12.29.20- Amendment to Order Declaring Local Judicial Emergency 1.15.21- Order Extending Local Judicial Emergency 2.17.21- Order Extending Local Judicial Emergency 3.2.21- Jury Trial Resumption Plan 3.9.21- Guidelines During Judicial Emergency 6.25.21- Order Terminating Emergency Misdemeanor Traffic and Game and Fish Offense Schedule 7.1.21- Order Declaring Local Judicial Emergency 7.30.21 - Order Extending Local Judicial Emergency 8.5.21 - Order Amending Order Extending Local Judicial Emergency 8.16.21 - Order Extending Local Judicial Emergency 8.30.21 - Order Extending Local Judicial Emergency 10.1.21 - Temporary Safety Measures for All Classes of Courts 10.1.21 - Order Granting Relief from Statutory Speedy Trial Requirements Pursuant to OCGA 38-3-62(b) 12.3.21 - Order for Temporary Safety Measures for All Classes of Courts