Georgia Small Claims Court for Unpaid Invoices

When an Unpaid Invoice Becomes a Court Case

A client signs a contract, accepts delivery, and then stops answering your emails. Ninety days pass. You have a stack of invoices, a trail of follow-up messages, and no payment. Georgia Magistrate Court handles civil claims up to $15,000 for actions filed through December 31, 2026; under HB 999, the limit increases to $25,000 for actions filed on or after January 1, 2027. This covers the majority of unpaid invoice disputes small businesses face.

Before you file, send a formal demand letter via certified mail. State the exact principal balance, reference the contract or purchase order, and give the debtor 10 to 14 business days to pay. If the invoice is a commercial open account that has been past due for 30 days or more, you can claim pre-judgment interest at 1.5% per month (18% simple per annum) under O.C.G.A. § 7-4-16 — no written interest agreement required.

Statute of Limitations for Invoice Claims

Georgia sets different deadlines depending on the type of agreement:

• Written contracts: 6 years from the date payment was due (O.C.G.A. § 9-3-24)
• UCC sale of goods: 4 years from the date of delivery or breach (O.C.G.A. § 11-2-725)
• Oral agreements and open accounts: 4 years from the last transaction or the date the invoice became due (O.C.G.A. § 9-3-25)

If you file after the deadline, the defendant can raise the statute of limitations as a defense, which can bar recovery. File while the clock is still running.

Filing as a Business Entity

Sole proprietors can represent themselves. If your business is an LLC or corporation, Georgia generally requires attorney representation in trial courts — but Magistrate Court has an exception. A non-lawyer officer, full-time employee, or designated agent can file and appear on behalf of the entity by submitting a Designation of Business Agent form (authorized under O.C.G.A. § 15-10-43(i) and Uniform Magistrate Court Rule 31).

File the Statement of Claim in the county where the debtor resides (for individuals) or where the business maintains its registered office (for LLCs and corporations). Search the Georgia Secretary of State Corporations Division database to confirm the exact registered name and agent address.

Building Your Evidence Package

Magistrate Court judges expect organized documentation. Prepare three identical sets of exhibits — one for the judge, one for the opposing party, and one for yourself. Your package should include:

• The signed contract, purchase order, or written agreement
• All unpaid invoices with dates and amounts
• Proof of delivery (shipping receipts, delivery confirmations, signed acceptance)
• Your certified mail demand letter with return receipt
• A ledger showing the running balance and any partial payments
• Email and text message correspondence about the debt

Print everything. Judges will not review evidence on your phone screen.

What Happens After You Win

A judgment does not mean automatic payment. If the debtor ignores the judgment, you enforce it after the 30-day appeal window by requesting a Writ of Fieri Facias (Fi. Fa.) from the clerk, which creates a lien on the debtor's assets. You can also pursue bank garnishment or wage garnishment under O.C.G.A. Title 18, Chapter 4.

The Georgia Small Claims Filing Guide walks you through the complete process — from demand letter through evidence assembly and the hearing itself — with fillable worksheets for tracking deadlines and organizing your case file.

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