Georgia Small Claims Court: What You Need to Know Before Filing

Georgia Handles Small Claims in Magistrate Court

Georgia doesn't have a separate "small claims court." What other states call small claims falls under the Magistrate Court system — a constitutional court that sits in all 159 counties and handles civil disputes up to the statutory dollar limit.

Magistrate Court cases are bench trials, meaning a judge decides the outcome. There are no juries. The rules are simpler than Superior or State Court, and most people file and argue their own cases without a lawyer.

The governing statute is O.C.G.A. § 15-10-2, and the day-to-day procedure follows the Uniform Magistrate Court Rules published by the Council of Magistrate Court Judges.

The Dollar Limit Is Now $25,000

House Bill 999, signed during the 2026 legislative session, raised the Magistrate Court civil cap from $15,000 to $25,000 effective July 1, 2026. Claims filed before that date remain under the old cap.

The limit applies to the principal amount you're claiming — not to interest or court costs, which are calculated on top. If your damages exceed $25,000, you'll need to file in State Court or Superior Court instead, or waive the excess on your Statement of Claim to stay in Magistrate Court.

Georgia also prohibits claim splitting. You can't break a single $30,000 dispute into two separate $15,000 lawsuits. A court will dismiss the second one.

What Magistrate Court Can and Cannot Do

Magistrate Court awards money damages only. It cannot order someone to do something specific (like finish a construction project or return an item). Those equitable remedies — injunctions, specific performance — belong in Superior Court.

There are some exceptions for specialized proceedings that run on their own dockets:

• Dispossessory actions (evictions and back rent)
• Trover actions (recovering wrongfully detained personal property or its value)
• Garnishments (post-judgment enforcement against bank accounts or wages)

Where to File: Venue Rules

Georgia venue rules are strict and based on the defendant's location, not yours:

• Individual defendants: file in the county where they live
• Sole proprietorships: same as individuals — the owner's county of residence
• Corporations and LLCs: file in the county of the entity's registered office or principal place of business, or where the breach occurred if the entity maintains an office and transacts business there
• Multiple defendants in different counties: for joint obligors, joint tortfeasors, or co-defendants residing in different counties, venue may lie in the county of any resident co-defendant

A case filed in the wrong county may be dismissed or transferred. In Emanuel County, for example, a wrong-county transfer order requires an additional $50 service fee.

Typical Filing Fees

Base filing fees are capped at $22 under O.C.G.A. § 15-10-80, but local add-ons (law library funds, tech fees, dispute resolution surcharges) push the real total higher. Some examples:

Courts accept cashier's checks, money orders, and credit/debit cards (with a processing surcharge). Personal checks are universally rejected.

The Filing-to-Hearing Timeline

1. Send a demand letter — not always legally required, but strongly recommended. Certified mail with return receipt creates a clean evidence trail.
2. File the Statement of Claim with the clerk, plus a Verification (notarized affidavit) and a Servicemembers Civil Relief Act military affidavit.
3. An authorized server serves the defendant — a sheriff, marshal, court-appointed constable, or specially appointed private process server; the plaintiff cannot serve personally.
4. Defendant has 30 days to respond. If they don't answer, a 15-day grace period follows (days 31–45). After day 45, you can apply for a default judgment.
5. Both sides present evidence at a bench trial. The judge may rule from the bench or issue a written decision within 30 days.
6. Appeals go through a Petition for Review in State or Superior Court, filed within 30 days of judgment.

Statutes of Limitation

Your claim must be filed within the applicable time window. A claim filed after its limitation period can be barred:

• Written contracts: 6 years (O.C.G.A. § 9-3-24)
• Oral agreements and open accounts: 4 years (O.C.G.A. § 9-3-25)
• Property damage: 4 years (O.C.G.A. § 9-3-30 for real property, § 9-3-31 for personal property)
• UCC sale of goods: 4 years (O.C.G.A. § 11-2-725)

Prepare for the Hearing

Magistrate Court hearings are relatively informal, but the Georgia Rules of Evidence still apply. Bring three copies of everything — one for the judge, one for the opposing party, and one for yourself. Organize exhibits in a binder with tabs: contracts, payment records, photos, communications, repair estimates.

Witnesses testify live. If someone won't come voluntarily, you'll need a subpoena from the clerk ($5–$10 issuance plus $10 service fee, plus the statutory witness fee).

The Georgia Small Claims Filing Guide walks through each stage of this process — from verifying the defendant's legal name and picking the right county, through preparing your evidence binder and tracking post-service deadlines.

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