Georgia Small Claims Court (2026): Limit, Fees and How to File
How small claims court works in Georgia: the dollar limit, filing fees, serving the other side, the hearing, appeals and collecting your money — each answer linked to the court rule or statute.
Quick answers for Georgia
- Small claims limit
- $15,000 for civil claims in Magistrate Court. Dispossessory (eviction) cases are also heard in Magistrate Court. O.C.G.A. § 15-10-2; Georgia Council of Magistrate Court Clerks page
- Filing fee
- The plaintiff pays a filing deposit set by local court rule (the statute caps the base deposit at $22) plus the actual cost of serving each defendant (not more than the sheriff's fee). A writ of fieri facias (fi. fa.) costs $4. O.C.G.A. § 15-10-80
- Are lawyers allowed?
- Yes, but an attorney is not required; self-represented (pro se) parties may present or defend their cases. Georgia Council of Magistrate Court Clerks page
- Appeals
- A civil judgment may be appealed to the state court or superior court of the same county, where the case is heard again (de novo). A default judgment, or a dismissal because the plaintiff failed to appear, cannot be appealed this way; it is challenged by a petition for review instead. O.C.G.A. § 15-10-41
Court: Magistrate Court (civil claims). Last verified: 2026-10-24.
How to file a small claims case in Georgia
- Confirm your claim is $15,000 or less.
- Prepare a statement of claim using the free Georgia Magistrate Forms Generator or your county court's forms.
- File with the Magistrate Court (in person, by notarized mail, or by e-filing where offered) and pay the filing deposit and service fee.
- The defendant is served and has 30 days to answer, in writing or in person to the clerk or judge, and must raise any related counterclaim at or before the hearing.
- If you need an interpreter, file a notice with the court at least 5 days before the hearing where practicable.
- Attend the hearing with your evidence and witnesses; a lawyer is not required.
- A losing party may appeal to state or superior court for a new trial; a winner who is not paid can get a writ of fi. fa. to garnish or levy.
Can you use small claims court?
| Small claims limit | $15,000 for civil claims in Magistrate Court. Dispossessory (eviction) cases are also heard in Magistrate Court. |
|---|---|
| Who can file | Individuals may file and present their own cases. A corporation, sole proprietorship, partnership or unincorporated association may file and present a case through an officer or full-time employee designated as its agent, who must file a sworn affidavit or other proof of that role. |
| Are lawyers allowed? | Yes, but an attorney is not required; self-represented (pro se) parties may present or defend their cases. |
Filing your case
| Official forms | Georgia's small claims cases are heard in magistrate court, which handles money claims of less than $15,000. The plaintiff files a sworn statement of claim with the magistrate court clerk listing both parties' names and addresses, the amount sought, a brief explanation with dates, and copies of relevant documents; the clerk can help complete the forms. The Council of Magistrate Court Judges offers a free online Form Generator that asks interview questions and creates customized forms to take to magistrate court, and if the county offers e-filing, the forms can be filed electronically at the end of the interview. Claim requirements and limit: https://consumer.georgia.gov/resolve-your-dispute/other-options-resolving-your-dispute |
|---|---|
| Filing fee | The plaintiff pays a filing deposit set by local court rule (the statute caps the base deposit at $22) plus the actual cost of serving each defendant (not more than the sheriff's fee). A writ of fieri facias (fi. fa.) costs $4. Official code not freely readable online; text verified on a public code mirror (code year 2024, current as of March 28, 2024). Local surcharges usually make the total filing cost higher; check with the county Magistrate Court. Source: O.C.G.A. § 15-10-80 |
| Filing online | Available where the county offers it; otherwise forms are filed with the local Magistrate Court in person or by mail (mailed filings must be notarized). |
| Serving the defendant | The plaintiff pays the actual cost of service on each defendant, not more than the sheriff's fee; service fees in transferred cases follow O.C.G.A. § 15-16-21(b)(1). Official code not freely readable online; text verified on a public code mirror (code year 2024, current as of March 28, 2024). |
Before and at the hearing
| Does the defendant file an answer? | Yes. The defendant must answer within 30 days after service, either in writing or orally in person to the judge or clerk (who writes it down for the defendant to sign). A defendant who misses the deadline is in default but may open the default within 15 days by filing an answer and paying costs. Official code not freely readable online; text verified on a public code mirror (code year 2024, current as of March 28, 2024). |
|---|---|
| Counterclaims | A counterclaim arising from the same transaction must be asserted at or before the hearing or it is barred; other counterclaims may also be raised then. If a good-faith counterclaim exceeds the Magistrate Court's limit, the case is transferred to a county court with higher jurisdiction (or superior court). Official code not freely readable online; text verified on a public code mirror (code year 2024, current as of March 28, 2024). |
| Interpreters | In civil cases, a party must notify the court of the need for a qualified interpreter within a reasonable time (at least 5 days before the hearing where practicable). The court then makes a diligent effort to appoint a licensed interpreter at the court's expense. Source: Uniform Magistrate Court Rule 14 |
After the decision
| Appeals | A civil judgment may be appealed to the state court or superior court of the same county, where the case is heard again (de novo). A default judgment, or a dismissal because the plaintiff failed to appear, cannot be appealed this way; it is challenged by a petition for review instead. Official code not freely readable online; text verified on a public code mirror (code year 2024, current as of March 28, 2024). Appeal procedure follows O.C.G.A. Title 5, Chapter 3. Source: O.C.G.A. § 15-10-41 |
|---|---|
| Collecting your judgment | After judgment, the winner can obtain a writ of fieri facias (fi. fa.) for $4, which supports collection by garnishment or levy on the debtor's property. The court may allow a defendant to make partial payments through the court. |
Deadline to sue
6 years after the debt becomes due and payable for an action on a simple written contract, such as a written lease. 4 years for breach of a contract not signed by the party being sued (e.g., an oral lease), on an open account, or on an implied promise. O.C.G.A. §§ 9-3-24, 9-3-25
Official forms and help
Suing a landlord or tenant in Georgia
Magistrate Court hears landlord claims for unpaid rent or damage and tenant suits for security deposits up to $15,000, and it also hears dispossessory (eviction) cases. In a dispossessory case, a trial may be held within 7 days after the tenant files an answer or counterclaim (Uniform Magistrate Court Rule 34.2).
- Georgia security deposit demand letter (send before you sue)
- Georgia security deposit law
- Tenant lawyers and free legal aid in Georgia
Georgia small claims FAQ
What is the small claims limit in Georgia?
$15,000 for civil claims in Magistrate Court. Dispossessory (eviction) cases are also heard in Magistrate Court.
Who can file a small claims case in Georgia?
Individuals may file and present their own cases. A corporation, sole proprietorship, partnership or unincorporated association may file and present a case through an officer or full-time employee designated as its agent, who must file a sworn affidavit or other proof of that role.
Can you bring a lawyer to small claims court in Georgia?
Yes, but an attorney is not required; self-represented (pro se) parties may present or defend their cases.
How much does it cost to file in small claims court in Georgia?
The plaintiff pays a filing deposit set by local court rule (the statute caps the base deposit at $22) plus the actual cost of serving each defendant (not more than the sheriff's fee). A writ of fieri facias (fi. fa.) costs $4.
How do I serve the other side in a Georgia small claims case?
The plaintiff pays the actual cost of service on each defendant, not more than the sheriff's fee; service fees in transferred cases follow O.C.G.A. § 15-16-21(b)(1).
Does a defendant have to file an answer in Georgia small claims court?
Yes. The defendant must answer within 30 days after service, either in writing or orally in person to the judge or clerk (who writes it down for the defendant to sign). A defendant who misses the deadline is in default but may open the default within 15 days by filing an answer and paying costs.
Can the defendant file a counterclaim in Georgia small claims court?
A counterclaim arising from the same transaction must be asserted at or before the hearing or it is barred; other counterclaims may also be raised then. If a good-faith counterclaim exceeds the Magistrate Court's limit, the case is transferred to a county court with higher jurisdiction (or superior court).
Can you appeal a small claims decision in Georgia?
A civil judgment may be appealed to the state court or superior court of the same county, where the case is heard again (de novo). A default judgment, or a dismissal because the plaintiff failed to appear, cannot be appealed this way; it is challenged by a petition for review instead.
How do I collect a small claims judgment in Georgia?
After judgment, the winner can obtain a writ of fieri facias (fi. fa.) for $4, which supports collection by garnishment or levy on the debtor's property. The court may allow a defendant to make partial payments through the court.
Can I file a small claims case online in Georgia?
Available where the county offers it; otherwise forms are filed with the local Magistrate Court in person or by mail (mailed filings must be notarized).
Can I get an interpreter in Georgia small claims court?
In civil cases, a party must notify the court of the need for a qualified interpreter within a reasonable time (at least 5 days before the hearing where practicable). The court then makes a diligent effort to appoint a licensed interpreter at the court's expense.
Where can I get small claims court forms in Georgia?
Georgia's small claims cases are heard in magistrate court, which handles money claims of less than $15,000. The plaintiff files a sworn statement of claim with the magistrate court clerk listing both parties' names and addresses, the amount sought, a brief explanation with dates, and copies of relevant documents; the clerk can help complete the forms. The Council of Magistrate Court Judges offers a free online Form Generator that asks interview questions and creates customized forms to take to magistrate court, and if the county offers e-filing, the forms can be filed electronically at the end of the interview.
Small claims limits in all 50 states and DC · Small claims court in other states
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.