Fee Waiver for Small Claims Court in Georgia

When Filing Fees Are a Barrier

Georgia Magistrate Court filing fees range from $60 to $120 or more depending on the county, plus $50 per defendant for Sheriff or Marshal service. If the dispute is over a $500 security deposit and you are between jobs, those fees represent a meaningful share of the money you are trying to recover.

Georgia law provides a mechanism for waiving court fees for people who genuinely cannot afford them. Under O.C.G.A. § 9-15-2, you can submit a Pauper's Affidavit (also called an Affidavit of Indigence) asking the court to waive filing fees and service costs.

How the Process Works

Step 1: Complete the Affidavit. The Pauper's Affidavit requires detailed financial information — your monthly income, employment status, cash on hand, bank account balances, real property you own, and your household living expenses. Be thorough and honest. The judge reviews these numbers to determine whether you qualify.

Step 2: Swear the Affidavit. The completed affidavit must be sworn under oath before a Magistrate Judge or a notary public. This is a legal declaration — misrepresenting your finances constitutes perjury.

Step 3: Judicial Review. A Magistrate Judge conducts an ex parte review (meaning only your filing is considered, without the other side present). If the judge determines you are indigent, they enter an order waiving the initial filing fees, clerk charges, and Sheriff service costs.

Step 4: File your case. With the fee waiver order in hand, submit your Statement of Claim, Verification, Military Affidavit, and fee waiver order to the clerk. The clerk processes your filing without collecting fees.

The Traverse Risk

The fee waiver is not permanent and unchallenged. The opposing party has the statutory right to traverse — formally challenge — the truthfulness of your Pauper's Affidavit. If the defendant files a traverse, the court holds a hearing where you must defend your claimed financial situation.

If the judge finds you were not actually indigent, the fee waiver is revoked and you must pay all accrued court fees immediately.

Statutes of Limitation Do Not Pause

Filing a Pauper's Affidavit does not toll (pause) the statute of limitations on your claim. If the affidavit is denied and you need time to gather the fees, the clock keeps running. Your filing date relates back to the original submission only if you pay the required fees within the timeframe the court orders.

If you are close to the statute of limitations deadline, consider whether you can borrow the filing fee rather than risk a denial that pushes your case past the cutoff.

What Qualifies as Indigent

Georgia law does not set a bright-line income threshold for fee waivers. The Magistrate Judge evaluates your overall financial picture — income, assets, expenses, dependents, and whether paying the fees would prevent you from meeting basic living needs. Receiving public assistance (SNAP, Medicaid, TANF) may support your application, but it does not guarantee approval; the judge decides based on the full picture.

The Georgia Small Claims Filing Guide walks through each step of the filing process, including what to do if fees are a concern and how to avoid procedural missteps that cost extra money.

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