Georgia Small Claims Court Limit: $25,000 Cap Explained

The Current Cap Is $25,000

House Bill 999, enacted during Georgia's 2026 legislative session, amended O.C.G.A. §§ 15-10-2 and 15-10-80 to raise the Magistrate Court civil jurisdiction cap from $15,000 to $25,000. The new limit took effect July 1, 2026.

If you filed before that date, your case falls under the old $15,000 cap. Any case filed on or after July 1, 2026, uses the $25,000 threshold.

What Counts Toward the Limit

Only the principal amount you're claiming counts against the cap. These items are calculated separately and don't reduce your available headroom:

• Pre-judgment interest (7% simple annual interest for fixed, liquidated demands without a contract rate under O.C.G.A. §§ 7-4-2 and 7-4-15, or up to 1.5% per month for commercial open accounts payable on receipt and at least 30 days past due under O.C.G.A. § 7-4-16)
• Court filing fees
• Court-awarded attorney fees

So a $24,000 debt with $3,000 in accrued interest is fine for Magistrate Court. The $24,000 is below the cap, and the interest sits on top.

What Happens If Your Claim Exceeds $25,000

You have two options:

File in a higher court. State Court (O.C.G.A. § 15-7-4) and Superior Court (O.C.G.A. § 15-6-8) handle unlimited civil amounts. The tradeoff: higher filing fees, more formal procedure, and you'll likely need a lawyer.

Waive the excess. You can voluntarily cap your claim at $25,000 by writing an explicit waiver on the Statement of Claim. You forfeit the difference, but you keep the speed and simplicity of Magistrate Court.

Claim Splitting Is Not Allowed

Georgia strictly prohibits dividing a single cause of action into multiple Magistrate Court lawsuits to stay under the cap. If you have one $40,000 breach-of-contract claim, you cannot split it into two $20,000 cases. The second case will be dismissed under res judicata.

Each separate transaction or contract is its own cause of action, though. If a client owes you $18,000 on one project and $12,000 on a completely different one, those are two legitimate claims.

Finding the Right Court for Your Amount

The Magistrate Court cap covers most consumer and small business disputes — contractor deposits, security deposits, unpaid invoices, property damage, and refund claims. If your principal damages are under $25,000 and you only need a money judgment, Magistrate Court is almost certainly the right forum.

The Georgia Small Claims Filing Guide walks through verifying your claim amount, checking statutes of limitation, and preparing the Statement of Claim.

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