Small claims court is a practical, affordable way to resolve disputes without the time and expense of a full trial. Whether you’re dealing with unpaid rent, property damage, or a service dispute, knowing how to file a small claims case in Georgia can help you recover money or property quickly.
In Georgia, small claims cases are heard in Magistrate Court, which is designed to be user-friendly and accessible for individuals without legal representation. This guide walks you through the entire process — from determining eligibility to collecting your judgment.
What Is Small Claims Court in Georgia?
Small claims court is a division of the Magistrate Court where individuals and businesses can resolve civil disputes involving relatively small amounts of money. Georgia law caps the maximum claim amount for small claims at $15,000, excluding interest and court costs.
When Should You File a Small Claims Case?
You may file a small claims case in Georgia when:
- You are owed money for goods sold or services rendered
- You want to recover a security deposit from a landlord
- Someone damaged your property and refuses to pay
- You have a contract dispute involving $15,000 or less
- A check you received was returned for insufficient funds
You cannot use small claims court for:
- Divorce or child custody matters
- Bankruptcy cases
- Cases involving title to real property
- Criminal matters
Step 1: Determine Eligibility
Before filing, make sure your case qualifies:
- Amount: Does not exceed $15,000 (not including court costs and interest)
- Type: Civil dispute involving money or property
- Jurisdiction: File in the county where the defendant lives or does business
Step 2: Prepare Your Case
Gather all necessary evidence and documents to support your claim:
- Contracts or written agreements
- Receipts, invoices, or payment records
- Photos or videos of damages
- Emails, text messages, or letters showing communication
- Witness statements (if applicable)
Step 3: Complete the Statement of Claim For
To start your case, you must file a Statement of Claim in the Magistrate Court. This form requires:
- Your name and contact information
- The defendant’s name, address, and contact details
- The amount you are claiming
- A brief description of why the defendant owes you money
Most Georgia Magistrate Courts provide this form online, or you can pick it up in person.
Step 4: File in the Correct County
You must file your case in the county where the defendant lives, not where you live (unless the dispute arose in your county and both parties agree). This is known as the venue requirement under Georgia law.
Step 5: Pay the Filing Fee
Filing fees vary by county but typically range from $35 to $60, plus a service fee for delivering the summons to the defendant. Payment can usually be made by cash, check, or credit card.
Step 6: Serve the Defendant
The defendant must be officially notified about the lawsuit. In Georgia, this is usually handled by:
- Sheriff’s Office – Most common method
- Court-Approved Process Server – A private service authorized by the court
- Certified Mail – Allowed in certain situations
Without proper service, your case cannot proceed.
Step 7: Wait for the Defendant’s Response
After being served, the defendant has 30 days to respond in writing to your claim. They can:
- Admit the claim and pay
- Deny the claim and request a hearing
- File a counterclaim against you
Step 8: Prepare for the Hearing
If the defendant contests the claim, the court will schedule a hearing. Preparation is key:
- Organize your evidence in a logical order
- Bring multiple copies (one for the judge, one for the defendant, and one for yourself)
- Arrange for witnesses to attend, if necessary
- Practice explaining your case clearly and concisely
Step 9: Attend the Hearing
On the hearing date:
- Arrive early and dress appropriately
- Check in with the court clerk
- Present your case to the judge, including all evidence and witness testimony
- Remain respectful and avoid interrupting the judge or the opposing party
The judge may issue a decision immediately or within a few days.
Step 10: Collecting Your Judgment
Winning your case does not automatically mean you will get paid. If the defendant does not pay voluntarily, you may need to take steps such as:
- Garnishing wages
- Filing a lien on property
- Seizing certain assets (with court approval)
Tips for Success in Georgia Small Claims Court
- Be Organized: Keep your documents in order and easy to present.
- Be Specific: Clearly state the amount you are claiming and why.
- Be Professional: Treat the judge and court staff with respect.
- Know the Law: Review Georgia’s Magistrate Court rules for small claims.
Common Mistakes to Avoid
- Filing in the wrong county
- Claiming an amount over $15,000
- Failing to properly serve the defendant
- Not bringing enough evidence to the hearing
Frequently Asked Questions (FAQs)
1. Do I need a lawyer to file a small claims case in Georgia?
No. Small claims court is designed for self-representation, though you may hire an attorney if you wish.
2. How long does it take to resolve a case?
Most cases are resolved within 30–90 days, depending on court scheduling and whether the defendant contests the claim.
3. Can I appeal the decision?
Yes. Either party may appeal to the State or Superior Court within 30 days of the judgment.
4. Can I recover court costs and interest?
Yes, if the judge rules in your favor, you may be awarded court costs and applicable interest.
Conclusion
Knowing how to file a small claims case in Georgia can save you time, money, and stress. By following the proper steps — from determining eligibility to collecting your judgment — you can navigate the process confidently and increase your chances of success.
If you’re ready to move forward, contact your local Magistrate Court for specific forms and filing instructions.