Clarke County Magistrate Court: Filing a Small Claim in Athens

Where Clarke County Magistrate Court Sits and What It Handles

Clarke County Magistrate Court serves the Athens-Clarke County Unified Government, covering one of Georgia's busiest college-town jurisdictions. The court handles general civil claims up to $25,000 under O.C.G.A. § 15-10-2, as amended by House Bill 999 effective July 1, 2026. That covers unpaid rent deposits, contractor disputes, unpaid invoices, and property damage — the kinds of money-only disputes that dominate the court's docket.

The court sits at 325 E. Washington Street, Suite 240, in Athens. Like every Georgia Magistrate Court, Clarke County conducts bench trials only — no juries. A single magistrate judge hears your evidence and the defendant's, then issues a ruling.

Filing Fees and Accepted Payment

Clarke County's current fee schedule lists $104 for a civil summons/Statement of Claim and $50 for each additional defendant. Confirm accepted payment methods and any fee changes with the clerk before filing.

If you cannot afford the fees, you can file a Pauper's Affidavit under O.C.G.A. § 9-15-2 asking the magistrate judge to waive costs.

How to File Your Statement of Claim

Check with the clerk whether e-filing is currently available and which portal to use. You can also ask about filing in person at the clerk's window.

Prepare the forms the court requires, including:

• Statement of Claim with the defendant's full legal name and physical address (not a P.O. Box)
• Verification — a sworn affidavit that your facts are true, signed before a notary or the 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 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

The clerk may return filings that do not meet the court's form or address requirements. A military-status affidavit is required before a default judgment when the defendant has not appeared.

Venue Rules for Athens-Area Disputes

You file in Clarke County if the individual defendant lives there. 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. Run a Georgia Secretary of State search to confirm where a corporation or LLC is registered before filing.

Filing in the wrong county can lead to dismissal without prejudice or transfer to the proper court. Fees already paid may not be refunded, and transfer or service fees may apply.

Service of Process

After the clerk accepts your filing, the defendant must be formally served. In Clarke County, service is handled by the Sheriff's office or a court-appointed process server. The plaintiff cannot serve the papers personally — Georgia law requires an authorized officer or agent.

The defendant then has 30 calendar days from the date of service to file an Answer. If they do not respond, you can move for a default judgment after the 15-day grace period expires (Day 46 from service).

Preparing for Your Hearing

Clarke County hearings follow the same format as every Georgia Magistrate Court. Bring three copies of all your evidence — one for the judge, one for the opposing party, one for yourself. Organize everything in a binder with an index.

Photographs, receipts, contracts, text messages, and bank statements are all admissible. If you need a witness who will not come voluntarily, you can subpoena them through the clerk's office.

The judge may issue a ruling from the bench or later in a written order. Either party can file a Petition for Review in State or Superior Court within 30 days.

Getting Help With Your Clarke County Filing

The Georgia Small Claims Filing Guide walks through every step of the Magistrate Court process — from the demand letter through evidence prep and the hearing — with Georgia-specific checklists and deadline trackers that apply to Clarke County and all 159 Georgia counties.

See more Georgia guides →