Georgia Small Claims Court: How to File in Magistrate Court (2026)
Georgia's small claims court is Magistrate Court, and every one of the state's 159 counties has one. The limit is $15,000. No lawyer needed. Filing runs somewhere between $45 and $110 depending on the county, and that usually covers serving the person you're suing. You fill out a sworn Statement of Claim in the defendant's county, the court delivers the papers, and the defendant has 30 days to respond. Start to finish, figure 2 to 3 months.
That's the short version. The rest of this guide covers the parts that trip people up: the county fee differences, the venue trap that gets cases dismissed, the 15-day default loophole, and how to actually collect once you win.
Georgia small claims court: quick facts
| Question | Answer |
|---|---|
| Court name | Magistrate Court (every Georgia county has one) |
| Claim limit | $15,000 (counterclaims capped at $15,000 too) |
| Filing fee | About $45 to $110 by county, usually includes serving one defendant |
| Lawyer required? | No. Most people file alone |
| Jury? | No. A judge decides every case |
| Answer deadline | 30 days after service, plus a 15-day window to open a default |
Georgia's small claims court is magistrate court
Georgia doesn't have a separate court called "small claims court." Magistrate Court fills that role. When people say Georgia small claims court, they mean Magistrate Court. Same thing.
The whole thing was built for regular people. No jury. No strict evidence rules. One judge listens to both sides and rules, and plenty of hearings are done inside 30 minutes.
Want a lawyer? Fine, bring one, on your own dime. Most people don't bother. The clerks will even help you fill out the forms. What they won't do is tell you whether your case is any good. That part's on you.
What you can sue for (and what you can't)
If someone owes you money, or cost you money, Magistrate Court is your court. That covers a lot of ground.
| Can hear | Can't hear |
|---|---|
| Unpaid loans and debts | Claims over $15,000 |
| Security deposit disputes | Divorce and family law |
| Contractor work paid for but not done | Disputes over who owns real estate |
| Car accident and property damage | Orders forcing someone to act |
| Defective products and bad repairs | Name changes |
| Bounced checks and unpaid invoices | Bankruptcy matters |
Anything in the right column belongs in State or Superior Court instead. Fair warning: those courts move slower, cost more, and a lawyer stops being optional in practice.
The $15,000 limit
The Georgia small claims limit is $15,000 per case. The cap works in both directions, so a counterclaim against you tops out at $15,000 too.
What if you're owed more? Two choices. Shave the claim down to $15,000 and keep things simple, or take it to State or Superior Court where there's no cap but everything gets pricier and slower. Honestly, a lot of people eat the difference on purpose. $15,000 in your pocket by spring beats chasing $18,000 through next year.
Curious how Georgia compares? See our guide to small claims limits in every state.
How long you have to file
Georgia gives you a set number of years to sue. Miss the window and the court will toss your case, even if you're clearly right.
| Case type | Deadline | Georgia law |
|---|---|---|
| Written contract | 6 years | O.C.G.A. § 9-3-24 |
| Oral contract | 4 years | O.C.G.A. § 9-3-26 |
| Property damage | 4 years | O.C.G.A. § 9-3-32 |
| Personal injury | 2 years | O.C.G.A. § 9-3-33 |
| Defamation | 1 year | O.C.G.A. § 9-3-33 |
The clock typically starts the day the harm happened or the day a payment came due. Close to a deadline? File first. Sort the rest out after.
Where to file: the county trap
This is the mistake that gets Georgia cases dismissed. You don't file in your county. You file in the defendant's county.
Here's how it breaks down:
- Suing a person: their home county.
- Suing a corporation or LLC: wherever their registered agent sits, which may not be where the business operates.
- Suing an unincorporated business: the county where the business is physically located.
That registered agent rule surprises people. A company can run a store in your county but keep its registered agent in another one. The agent's county is where you file. Look it up free at the Georgia Secretary of State business search (ecorp.sos.ga.gov). It takes two minutes and shows the agent's name and address. Our guide on how to sue a corporation walks through the whole lookup.
File in the wrong county and the defendant can get your case moved or dismissed. You'd lose weeks and maybe a second filing fee. Check first.
How to file in Georgia magistrate court, step by step
- Gather your proof. Contracts, invoices, texts, photos, bank records, whatever you've got. Print it all. No judge wants to squint at your cracked phone screen.
- Add up your damages. Exact numbers. $3,200 for the deck that was never built. $450 for the tow. Write out the math.
- Find the right Magistrate Court. The defendant's county, per the rules above. Most county courts post forms and hours online.
- Fill out the Statement of Claim. This is Georgia's small claims form. Who you are, who they are, how much, why. Because it's sworn, you sign it in front of a clerk or a notary. Keep the story tight. Save the drama for the hearing.
- File and pay. In person, by mail, or online if your county is on Odyssey eFileGA (odysseyefilega.com). Your fee usually includes service on one defendant.
- Let the court handle service. This is a Georgia perk. A deputy, marshal, or constable delivers the papers for you. You don't mail a thing.
- Wait for the answer, then the hearing. The defendant gets 30 days to answer. If they answer, the court sets a hearing, usually 15 to 30 days later.
Georgia small claims filing fees (the real numbers)
There's no single statewide fee. The state's consumer office says filing typically runs $45 to $55 with service of one defendant included, plus $25 to $35 for each extra defendant. Metro counties run higher. Here's what actual counties charge:
| County | Filing fee | Service |
|---|---|---|
| Fulton (Atlanta) | $60 | $50 marshal fee per defendant, $8 each additional defendant |
| Gwinnett | $60 | $50 per defendant |
| Paulding | $102 (includes first defendant) | $50 each additional defendant |
| Typical rural county | $45 to $55 (service included) | $25 to $35 each additional defendant |
Real math: one defendant in Fulton County runs about $110 all in. And call the clerk before you drive over. Fees change, and some counties won't touch a personal check.
The good news? Win, and you can ask the judge to tack your filing and service fees onto the judgment. The loser usually ends up eating them. Treat the fee like a refundable deposit on justice. For the full cost picture, see how much it costs to sue someone. And if you're filing in Gwinnett specifically, we have a dedicated Gwinnett County Magistrate Court guide.
How the defendant gets served
Georgia makes this part easy. After you file, the court itself sends out your claim and a summons, hand-delivered by a deputy, marshal, or constable. The cost for serving your first defendant was already baked into your filing fee.
And no, texting them a photo of the claim doesn't count. The 30-day answer clock only starts with formal service, and the court wants proof it happened. If the deputy strikes out at the address you gave, you'll need a better one, or a private process server where counties allow it. More on how service works in our guide to serving court papers.
The 30-day answer rule (and the 15-day loophole)
Once served, the defendant gets 30 days to answer. Georgia is weirdly chill about how. They can file a written answer or literally just tell the clerk their side out loud. Most states demand paper.
No answer in 30 days? The defendant is in default and you can ask for a default judgment. But don't celebrate on day 31. Georgia gives defendants 15 more days to "open the default" by filing an answer and paying the court costs. So the real point of no return is day 45.
This loophole cuts both ways. If you're the one being sued and you blew the deadline, you have 15 days to fix it. We cover that side in what to do if someone sues you.
One more wrinkle: even with a default judgment, if you asked for anything besides money, the court holds a short hearing to put a dollar value on it.
What happens at the hearing
Once the defendant answers, the court sets a hearing, usually 15 to 30 days out. Some counties, including several metro Atlanta courts, send both sides to mediation first. A neutral person tries to help you settle. If you settle, you can still ask the defendant to cover your court costs. Get any deal in writing before you dismiss.
No deal? You see the judge. Remember, no jury here. Expect questions, tell your story, and more often than not you'll walk out knowing who won.
How to show up ready:
- Bring three copies of everything: one for you, the judge, and the defendant.
- Lead with the number. "He owes me $2,800 for a fence he never built." Then the story.
- Put documents in time order and number them.
- Bring witnesses who saw the deal or the damage.
- Stay calm. Judges reward the person who sticks to facts.
We wrote a full playbook on preparing for small claims court, including a word-for-word opening statement.
If you don't show up, the judge can dismiss your case. If the defendant doesn't show, you'll likely win by default. Show up either way.
Lost? Won? Watch the 30-day appeal window
Either side can appeal a Magistrate Court judgment within 30 days. The appeal goes to State Court or Superior Court in the same county, and here's the kicker: it's a brand new trial. The appeals court doesn't review the magistrate's decision. It starts over from scratch, and either party can demand a jury this time.
That means a win in Magistrate Court isn't bulletproof for 30 days. If the defendant appeals, you're trying the case again in a more formal court with a new filing fee. It doesn't happen often in small cases, because appealing costs money and effort. But know the window exists before you spend the judgment in your head.
How to collect your money
Winning gets you a judgment, not a check. The court won't collect for you. In Georgia, you do have real tools:
| Tool | How it works |
|---|---|
| Writ of fieri facias (fi. fa.) | The clerk issues this writ. Record it on the county's General Execution Docket and it becomes a lien on the defendant's property ($29 to record in Fulton) |
| Wage garnishment | Separate court action. Takes up to 25% of the defendant's disposable pay per week (O.C.G.A. § 18-4-5) |
| Bank garnishment | Freezes and takes money straight from their bank account once you know where they bank |
| Post-judgment interrogatory | A form the defendant must answer under oath within 30 days, telling you where they work and bank |
Don't know where they bank? That's what the interrogatory is for. Mail it, and they're legally required to answer under oath.
Georgia judgments also age well. They earn interest at the prime rate plus 3% (O.C.G.A. § 7-4-12), and they last 7 years before going dormant. Even then, you can revive one within 3 more years. Someone broke today might have a job and a bank account next year. The judgment waits. Full tactics in our guide to collecting a small claims judgment.
Mistakes that sink Georgia cases
- Filing in your own county. Venue is the defendant's county. Wrong county means transfer or dismissal.
- Suing the wrong business name. Sue "Great Fence LLC," not "the fence guys." Pull the exact legal name and registered agent from the Secretary of State search.
- Fuzzy numbers. "Around $3,000" loses to "$2,847, here's the invoice." Bring the math.
- Missing the statute of limitations. Six years on written contracts feels like forever until it isn't.
- Skipping the demand letter. Judges like seeing you tried to resolve it first. And most of the time, the letter alone gets you paid.
- Forgetting to ask for costs. At the hearing, ask the judge to add your filing and service fees to the judgment.
Before you file, send a demand letter
Here's the thing about Magistrate Court: most disputes never need it. A formal demand letter, sent certified with a real deadline, tells the other side you're done asking nicely. Faced with an actual court filing, most people and businesses pay. About 70% of cases settle at the letter stage without anyone seeing a courtroom.
It's also smart strategy. If they ignore the letter, it becomes Exhibit A at your hearing. The judge sees you were reasonable and they blew you off. Here's how to write a demand letter, and the data on whether demand letters work.
PettyLawsuit sends your demand letter instantly with certified mail tracking, then follows up with phone calls and a final notice if they stall. We've helped with over 5,000 cases. If they still won't pay, you'll walk into Magistrate Court with a paper trail that does half the talking. Don't let it slide.
Georgia small claims court FAQ
What is the small claims limit in Georgia?
$15,000. That's the most you can claim in one Magistrate Court case, and counterclaims against you are capped at $15,000 too. Claims over the limit belong in State or Superior Court.
How much does it cost to file small claims in Georgia?
Roughly $45 to $110 depending on the county, and that usually includes serving one defendant. Fulton County charges $60 plus a $50 marshal fee. If you win, you can ask the judge to make the defendant cover these costs.
Do I need a lawyer for Georgia magistrate court?
No. The court was designed for people representing themselves. No jury, informal rules, and clerks who help with paperwork. Hiring a lawyer is allowed but it's your expense, and for a $3,000 dispute it rarely pens out.
How long does the defendant have to answer?
30 days after being served, and Georgia accepts written or oral answers. If they miss it, they get 15 more days to open the default by answering and paying court costs. After day 45, you can take a default judgment.
Can I file small claims online in Georgia?
In many counties, yes. Georgia uses the Odyssey eFileGA system at odysseyefilega.com. Fulton and several other metro counties accept e-filing. Call your county clerk to confirm before you drive in.
What happens if the defendant doesn't show up?
Skip the hearing after proper service and they lose by default. You might still walk the judge through your numbers so the amount gets set right, but the hard part's over.
How long do I have to sue someone in Georgia?
Six years for written contracts, four years for oral contracts and property damage, two years for personal injury. The clock starts when the harm happened or the payment was due.
How long is a Georgia judgment good for?
Seven years, and you can revive it within three years after that. It collects interest at prime plus 3% the whole time. Use a fi. fa. lien, wage garnishment, or bank garnishment to actually collect.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. PettyLawsuit is a self-help legal technology platform, not a law firm. We do not provide legal representation or legal advice. Every situation is different. If you need legal advice, consult a licensed attorney in your jurisdiction.