Gwinnett County Small Claims Court: How to File a Claim

What Gwinnett County Magistrate Court Handles

Gwinnett County Magistrate Court, based in Lawrenceville, handles civil claims up to $25,000 under O.C.G.A. § 15-10-2 as amended by HB 999 effective July 1, 2026. That means security deposit disputes, contractor refunds, unpaid invoices, property damage claims, and any other dispute where you want money rather than equitable relief.

Gwinnett is one of Georgia's fastest-growing counties, so the court processes a high volume of small claims cases. All cases are bench trials — a magistrate judge decides, no jury.

Filing Fees

Gwinnett County's Magistrate Court fee schedule lists a $60 civil filing fee and $50 for sheriff service on each defendant, for a total of $110 for one defendant. Check the court's current instructions for accepted payment methods and any fee changes.

How to File Your Case

Gwinnett County provides e-filing through its designated platform. Check with the clerk whether paper filing is also available for your situation. Prepare the forms the court requires, including:

• Statement of Claim with the defendant's legal name and physical address
• Verification sworn before a notary or clerk
• Civil Case Filing Information Form — the standard judicial case-classification cover sheet
• SCRA Military Affidavit — required before a default judgment when the defendant has not appeared; check the court's instructions for when to submit it
• Business agent documents — follow local instructions if a business is represented by a designated officer or full-time employee

Run a Georgia Secretary of State search before filing to confirm business names and registered agents. Incomplete addresses or incorrect entity names can prevent service. A military-status affidavit is required before a default judgment when the defendant has not appeared.

Venue Rules

File in Gwinnett County if the individual defendant lives there. For a business entity, venue may also lie where it has its registered office or, when the entity has an office and does business there, where the breach or tort occurred. A case filed in the wrong county may be dismissed without prejudice or transferred to the proper court.

After Filing: Service and Response

The Gwinnett County Sheriff's office serves the defendant. You cannot serve them yourself. After service, the defendant has 30 days to file an Answer. If they do not respond by Day 30, they have a 15-day grace window to open default. After Day 45, you can apply for a default judgment — the judge may enter it on paper for liquidated claims or schedule a hearing to prove damages on unliquidated ones.

Hearing Day

Prepare three identical copies of your evidence binder. Include contracts, invoices, photos, text messages, and any documentation of damages. One set for the judge, one for the defendant, one for you.

The judge may offer mediation through the court-connected ADR program before or during the hearing. If you settle, the agreement becomes a Consent Judgment — an enforceable court order.

Full Georgia Filing Guide

The Georgia Small Claims Filing Guide gives you the complete Magistrate Court process from demand letter through post-judgment enforcement, with checklists and deadline trackers that work for Gwinnett County and every other Georgia county.

See more Georgia guides →