How to File Small Claims in Georgia

Confirm Your Claim Fits Magistrate Court

Before anything else, check three things:

Dollar limit. The cap is $25,000 for claims filed on or after July 1, 2026 (it was $15,000 before that). This covers the principal amount only — interest and court costs sit on top.

Type of relief. Magistrate Court awards money damages. It cannot order someone to fix your roof, return your car, or stop doing something. If you need that kind of order, you'll need Superior Court.

Time limit. Written contract claims have a 6-year window under O.C.G.A. § 9-3-24. Oral agreements, property damage, and sale-of-goods disputes have 4 years. A claim filed after its limitation period can be barred regardless of how strong it is.

Step 1: Identify the Defendant's Legal Name

This trips up more filers than anything else. You need the defendant's full legal name — not a business's trade name, not a nickname.

• Individuals: Use their legal name. If they operate a sole proprietorship, style it "Jane Doe d/b/a Doe's Cleaning Service."
• LLCs and corporations: Search the Georgia Secretary of State Corporations Division database for the exact registered entity name, registered agent's address for service, and registered office. Use the registered office or principal place of business to check venue.
• Trade names (DBAs): Georgia has no statewide registry for trade names. You'll need to check the Clerk of Superior Court in the county where the business operates.

Step 2: Pick the Right County

Georgia venue rules are based on where the defendant is, not where you are:

• File where an individual defendant lives
• For a corporation or LLC, file where its registered office or principal place of business is located; if the breach occurred in a county where the entity maintains an office and transacts business, venue may also lie there
• For joint claims against defendants who reside in different counties, venue may lie in the county of any resident co-defendant

A case filed in the wrong county may be dismissed without prejudice or transferred. In Emanuel County, for example, a transfer order requires a $50 service fee to serve the case in the receiving county.

Step 3: Send a Demand Letter

A written demand letter isn't strictly required for most contract claims, but it accomplishes two things: it gives the other side a last chance to pay without court involvement, and it creates evidence that you tried.

Send it by certified mail with return receipt requested. State the exact amount owed, the basis for the claim, and a response deadline (10–14 business days is standard). Keep the signed green card — it proves delivery.

Step 4: Prepare and File Your Documents

Georgia Magistrate Court requires a package of documents:

1. Statement of Claim — the main form. It needs the full legal names and physical addresses of all parties, the factual basis of your claim, and the dollar amount demanded. Forms are available at georgiamagistratecouncil.com or your county clerk's office.
2. Verification — a notarized affidavit swearing the facts in your claim are true.
3. SCRA Military Affidavit — a federal requirement stating whether the defendant is in active military service. Check the Department of Defense Manpower Data Center.
4. Civil Case Filing Information Form — a standard cover sheet.
5. Designation of Business Agent — only if you're filing on behalf of a company rather than as an individual.

File in person at the clerk's counter, by mail with certified funds, or through the county's e-filing portal (Odyssey eFileGA, PeachCourt, or a local system — it varies by county).

Step 5: Get the Defendant Served

The sheriff, marshal, or a court-appointed process server handles this. You cannot serve the defendant yourself in Georgia — not even by certified mail.

Fulton and Crawford list $50 service fees per defendant; Emanuel lists $50 for re-service or transfer. Check your county's schedule for initial service costs. For out-of-county defendants, the clerk issues a Second Original Summons sent to the sheriff in the defendant's county.

If the sheriff returns the papers unserved, you'll need to find a better address and try again, or ask the court to appoint a private process server.

Step 6: Wait for the Response

The defendant has 30 calendar days from the service date to file an answer. If they don't respond:

• Days 31–45: They can still open the default by filing an answer and paying all accrued court costs, including any local default-opening fee
• After day 45: You can file for a default judgment

For a fixed-dollar claim backed by a contract, the judge may grant default without a hearing. For unliquidated damages, you'll need to present evidence of the amount.

Step 7: Prepare for the Hearing

Organize your evidence in three identical binder sets — one for the judge, one for the defendant, and one for yourself. Include contracts, payment records, photos, text messages (printed, not on your phone), and any repair estimates.

Witnesses testify live. If someone won't come voluntarily, get a subpoena from the clerk.

The Georgia Small Claims Filing Guide covers each of these steps with detailed instructions, county-specific filing information, and printable tracking worksheets for deadlines and service.

See more Georgia guides →