Georgia Small Claims Court Filing Fee: County-by-County Costs

Why Fees Vary Across Georgia's 159 Counties

O.C.G.A. § 15-10-80 caps the base Magistrate Court civil filing fee at $22. Local add-ons — law library funds, technology surcharges, dispute resolution fees — can raise the total, and each county sets its own amount. Two neighboring courthouses can charge very different amounts.

Sample Filing Costs by County

Emanuel County lists a $102 Statement of Claim fee for one defendant and $152 for two; its separate $50 amount is for re-service or transfer. Additional parties can add local service and processing fees.

What You'll Pay Beyond Filing

The filing fee is just the starting cost. Budget for:

• Sheriff or marshal service: Fulton and Crawford list $50 per defendant; Emanuel lists $50 for re-service or transfer, and Worth includes one service in its filing amount. Check your county's schedule for initial service costs.
• Out-of-county service: If the defendant lives in a different county, the clerk issues a Second Original Summons. You'll pay the sheriff's fee in that county too.
• Subpoena fees: $5–$10 to issue, $10 for service, plus $25/day witness attendance fee and $0.45/mile for mileage
• Fi. Fa. recording fee: $25 in the Fulton and Crawford schedules; other counties list local fees
• E-filing portal surcharges: Credit card processing through Odyssey eFileGA or PeachCourt adds a convenience fee on top

All court fees are non-refundable once the clerk accepts the filing.

Accepted Payment Methods

Magistrate Court clerks accept cashier's checks, certified bank checks, money orders, and credit/debit cards. Personal checks are universally rejected. If you're paying by card, expect a third-party processing surcharge.

Fee Waivers for Indigent Filers

If you can't afford the fees, Georgia allows a Pauper's Affidavit under O.C.G.A. § 9-15-2. Here's how it works:

1. Complete an Affidavit of Indigence listing your income, bank balances, assets, and expenses
2. Swear the affidavit before a magistrate judge or notary
3. The judge reviews it and, if approved, waives filing fees, clerk charges, and sheriff service costs

Two things to know: the opposing side can challenge your affidavit (called a "traverse"), and filing the affidavit does not pause any statute of limitations. If the judge denies the waiver, you'll need to pay the fees promptly or risk losing your filing date.

Can You Recover Fees If You Win?

Court costs are generally recoverable as part of a judgment. If the judge rules in your favor, the filing and service fees can be added to the amount the defendant owes. Pre-judgment interest is calculated separately: fixed, liquidated demands without a contract rate may accrue 7% simple annual interest under O.C.G.A. §§ 7-4-2 and 7-4-15; qualifying commercial open accounts payable on receipt and at least 30 days past due may accrue up to 1.5% per month under § 7-4-16.

The Georgia Small Claims Filing Guide includes a cost calculator worksheet and county-specific fee details to help you budget for the full process.

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