Cherokee, Chatham, Bibb, and Cobb County Small Claims Court Filing Guide
How These Four Counties Handle Small Claims
Cherokee (Canton), Chatham (Savannah), Bibb (Macon), and Cobb (Marietta) are among Georgia's mid-to-large counties, each running its own Magistrate Court under the same statewide rules. All four hear civil claims up to $25,000 under O.C.G.A. § 15-10-2, as raised by House Bill 999 effective July 1, 2026. The statewide procedural framework applies across all four counties, while local forms, filing channels, fees, and service arrangements can vary.
County-by-County Filing Details
Cherokee County (Canton)
Cherokee County Magistrate Court serves the Canton area north of Atlanta. Filing and service fees vary by case. Check the current fee schedule and accepted filing methods with the clerk before submitting.
Chatham County (Savannah)
Chatham County Magistrate Court in Savannah serves one of Georgia's largest coastal jurisdictions. The county handles a high volume of tourist-area disputes alongside standard landlord-tenant and contractor claims. Filing fees follow the statewide structure with local add-ons. Check with the clerk's office for current filing channels and fees.
Bibb County (Macon)
Bibb County Magistrate Court in Macon sits at the geographic center of the state. Filing costs follow the O.C.G.A. § 15-10-80 framework plus county surcharges. Confirm current filing channels and fees with the clerk before submitting.
Cobb County (Marietta)
Cobb County Magistrate Court, one of metro Atlanta's largest, processes a significant volume of small claims. Filing fees include the statewide base plus local surcharges. Check the clerk's website for current filing channels and fees.
Forms and Documents to Prepare
For an initial filing, prepare the statewide forms and any county-specific documents required:
- Statement of Claim naming the defendant by full legal name with a physical street address (P.O. Boxes are rejected for service purposes)
- Verification — a sworn affidavit signed before a notary or magistrate clerk
- Civil Case Filing Information Form — the standard judicial case-classification cover sheet
- SCRA Military Affidavit — required before a default judgment when the defendant has not appeared; check the local court's instructions for when to submit it
- Business agent documents — follow local instructions if a business is represented by a designated officer or full-time employee
If you are suing a business, search the Georgia Secretary of State's Corporations Division database to confirm the legal entity name and registered agent before filing. A lawsuit filed against a trade name instead of the legal owner may produce an unenforceable judgment.
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Venue: Filing in the Right County
You file in the county where the individual defendant lives. For a business entity, venue may also lie where it has its registered office or, when the entity has an office and does business there, where the breach or tort occurred. A case filed in the wrong county may be dismissed without prejudice or transferred to the proper court. Fees already paid may not be refunded, and transfer or service fees may apply.
Service, Response, and Hearing
In each county, service must be handled by an authorized sheriff, marshal, constable, or court-appointed process server, depending on local procedure. The defendant has 30 days from service to file an Answer. If they miss the deadline, there is a 15-day grace period to open default by answering and paying costs. After Day 45, you can apply for a default judgment.
At the hearing, bring three organized copies of all evidence. The magistrate judge hears both sides in a bench trial and typically rules promptly. Either side can file a Petition for Review in State or Superior Court within 30 days.
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