DeKalb County Small Claims Court: How to File a Claim

What DeKalb County Magistrate Court Handles

DeKalb County Magistrate Court hears civil claims up to $25,000 under O.C.G.A. § 15-10-2, raised from $15,000 by House Bill 999 effective July 1, 2026. The court covers money-only disputes — unpaid rent deposits, contractor refunds, unpaid invoices, property damage, and similar claims where you want a dollar amount rather than a court order forcing someone to do something.

DeKalb is one of Georgia's most populated counties, so the docket moves quickly. All contested cases are bench trials decided by a magistrate judge. No jury trials.

Filing Fees and Payment

DeKalb County's website lists a $104 filing fee in its Small Claims Fees section and a $54 filing fee later in its FAQ, plus $35 to serve one defendant and each additional defendant. Confirm the current filing fee with the clerk before filing. The court accepts cash, money orders, cashier's checks, and other certified funds; it does not accept personal checks, debit cards, or credit cards.

If you cannot afford the costs, file a Pauper's Affidavit under O.C.G.A. § 9-15-2. A magistrate judge reviews your finances and can waive all filing and service fees.

How to File

DeKalb County provides an electronic filing portal. Check with the clerk whether paper filing is also available for your situation.

Prepare the Statement of Claim with the defendant's full legal name and physical address, a sworn Verification, and the Civil Case Filing Information Form. A military-status affidavit is required before a default judgment when the defendant has not appeared; check the court's instructions for when to submit it. Follow local instructions if a business is represented by a designated officer or full-time employee.

For businesses, search the Georgia Secretary of State database to confirm the exact legal name and registered agent. Name the legal entity, not just the trade name — "John Smith d/b/a Smith Plumbing" if it is a sole proprietorship.

Venue

You file in DeKalb 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. A case filed in the wrong county may be dismissed or transferred. DeKalb's court says a transferred case keeps its filing fee, although additional transfer or service fees may apply.

Service and Response Timeline

The DeKalb County Marshal's Office serves the defendant after filing. The defendant then has 30 days to file an Answer. If they miss the deadline, they have a 15-day grace period to open default by answering and paying costs. After Day 45, you can apply for a default judgment.

Your Hearing

Bring three organized copies of all evidence — contracts, receipts, photos, messages. One for the judge, one for the other side, one for yourself. The judge hears both sides and typically rules from the bench. Either party can file a Petition for Review in State or Superior Court within 30 days.

Complete Filing Instructions

The Georgia Small Claims Filing Guide walks through the entire Magistrate Court process with printable checklists, deadline trackers, and step-by-step instructions that work for DeKalb County and every other Georgia county.

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