To file a small claims case in Georgia, you complete a Statement of Claim in the Magistrate Court of the correct county, pay a filing fee (usually between $60 and $118), arrange for the defendant to be served, and then either collect a default judgment or present your case at a short hearing before a judge. The cap on what you can sue for is $15,000, and no attorney is required.
Confirm Magistrate Court Is the Right Place
Two things decide whether your dispute belongs in Magistrate Court: the amount of money involved and the county you file in.
The dollar limit is $15,000. If you’re seeking more than that, you’ll need State or Superior Court instead.1Justia Law. Georgia Code 15-10-2 – General Jurisdiction; Authority of Magistrate Courts Magistrate Court also handles garnishment, attachment, eviction, and certain lien foreclosures, but for an ordinary money dispute the $15,000 ceiling is what governs.
Venue follows the defendant. Sue an individual in the county where they live. Sue a corporation in the county of its registered agent, which you can look up through the Georgia Secretary of State’s Corporations Division. For an unincorporated business such as a sole proprietorship or partnership, file in the county where the business operates. If the defendant lives outside Georgia, you can generally file in any county where a substantial part of the transaction or injury took place.
Check the Statute of Limitations Before You File
Each type of claim has a filing deadline, and once it passes the court will not hear the case no matter how strong it is. The clock runs from the date payment was due or the injury occurred, not from when you decided to sue.
- Written contracts: six years from the breach or missed payment.2Justia Law. Georgia Code 9-3-24 – Actions on Simple Written Contracts
- Oral contracts: four years.
- Property damage: four years from the date of damage.
If your deadline is close, file now. You can add evidence later; you cannot recover a lapsed limitations period.
Fill Out the Statement of Claim
The Statement of Claim is the form that opens the case. Pick one up at the Magistrate Court clerk’s office or download it from the Georgia Magistrate Council’s website.3Georgia Magistrate Council. Forms It’s a short form, but what you write on it defines the case.
You need the defendant’s full legal name and a current street address where they can be served. A P.O. box alone will not work. If the defendant is a business, use the legal name exactly as it appears in state records, not a trade name or nickname. Getting the name wrong can delay the case or leave you with a judgment you can’t enforce.
The form asks why you’re owed money, the relevant dates, and the exact dollar amount. Keep the explanation specific and factual. “Defendant was paid $3,500 on March 15, 2025, to replace a roof and never completed the work” is more useful than a paragraph of grievances. Attach copies of any contracts, invoices, photos, text messages, or receipts. Hold on to the originals for the hearing.
Pay the Filing Fee and Have the Defendant Served
File the completed Statement of Claim with the Magistrate Court clerk in the correct county. Some counties allow electronic filing. Filing fees vary but typically run between $60 and $118. Ask the clerk what the total upfront cost will be, because some counties fold service fees into the filing fee and others charge them separately.
After filing, the defendant has to be formally notified through service. The most common method is through the county Sheriff’s office, which typically charges around $50 per defendant. Some courts also allow service by certified mail with return receipt. If the sheriff can’t locate the defendant, or the defendant dodges service, ask the clerk about alternatives. The case cannot move forward until service is complete.
What Happens After the Defendant Is Served
The defendant has 30 days after being served to file an answer. That answer can be written, or given orally to the judge or clerk, who will write it up. If the defendant answers on time, the court schedules a hearing within 10 days and notifies both parties. The hearing itself falls 15 to 30 days after that notice goes out.4Justia Law. Georgia Code 15-10-43 – Statement of Claim; Service of Process; Answer to Claim; Default Judgments
If the Defendant Doesn’t Respond
A defendant who ignores the claim goes into default when the 30 days expire. Georgia gives them one additional chance: they can open the default by filing an answer and paying court costs within 15 days after the default date. If that second window closes without a response, you can seek a default judgment.4Justia Law. Georgia Code 15-10-43 – Statement of Claim; Service of Process; Answer to Claim; Default Judgments
How the judge handles that judgment depends on what you’re claiming. If the amount is fixed and certain, such as an unpaid invoice for $2,000, the judge can enter judgment on the paperwork alone. If the amount is uncertain, like the cost of repairing property damage, the court will hold a hearing where you prove what you’re owed. The defendant may appear and argue about the dollar amount at that hearing but can no longer contest liability.4Justia Law. Georgia Code 15-10-43 – Statement of Claim; Service of Process; Answer to Claim; Default Judgments
Watch for a Counterclaim
Filing opens the door for the defendant to sue you back. If the defendant has a claim against you arising from the same transaction, they must raise it as a counterclaim or lose the right to bring it later.5Justia Law. Georgia Code 15-10-45 – Compulsory and Permissive Counterclaims They can also raise unrelated claims, though those are optional.
The wrinkle: if the counterclaim exceeds $15,000, the entire case (including your original claim) gets transferred to a higher court, which means a longer, more formal, and more expensive process. Before filing, think honestly about whether the defendant has a grievance large enough to bump the case out of Magistrate Court.5Justia Law. Georgia Code 15-10-45 – Compulsory and Permissive Counterclaims
Presenting Your Case at the Hearing
Magistrate Court hearings are bench trials. No jury. A judge hears both sides and decides. Formal evidence rules are relaxed, so you can present documents, photos, and testimony without the procedural steps a lawyer would use in a higher court. The judge still expects organized, relevant material and a clear explanation.
Bring the originals of every document you attached to your Statement of Claim, plus anything you’ve gathered since. Organize everything in chronological order so you can walk the judge through the facts without shuffling papers. If you have witnesses, bring them; their own testimony carries more weight than your account of what they told you.
When it’s your turn, present the facts concisely: what was agreed to, what went wrong, and how much you lost. The judge may ask questions. The defendant then presents their side, and you’ll usually get a brief chance to respond. Some judges rule from the bench; others mail a written decision within a few days.
If you don’t show up, the court can dismiss your case. If the defendant doesn’t show, the judge can strike their answer and enter a default judgment for you.4Justia Law. Georgia Code 15-10-43 – Statement of Claim; Service of Process; Answer to Claim; Default Judgments Neither outcome is easy to undo, so treat the hearing date as non-negotiable.
Appealing a Magistrate Court Judgment
Either party can appeal to Superior Court within 30 days of the date the judgment was entered.6Justia Law. Georgia Code 5-3-20 – Time for Filing Appeals Miss that window and the ruling stands.
An appeal from Magistrate Court is not a review for legal error. It’s a completely new trial. The Superior Court conducts a de novo investigation, meaning the case starts from scratch as though the first trial never happened.7Justia Law. Georgia Code 5-3-29 – De Novo Investigation Both sides can introduce new evidence, call new witnesses, and raise arguments they didn’t make before. The losing side can also end up worse off than they were in Magistrate Court, so weigh that risk before filing.
Collecting on a Judgment
Winning and getting paid are two different things. The court will not collect for you. If the defendant doesn’t pay voluntarily, you’ll need Georgia’s enforcement tools.
Start by asking the clerk for a writ of fieri facias, commonly called a “fi fa.” This writ authorizes seizure of the defendant’s property to satisfy the debt. Once it’s issued, ask the clerk to record it in the general execution docket. If the defendant owns real estate, recording the fi fa with the Superior Court clerk in the county where the property sits creates a lien on that property. The judgment does not attach to real estate on its own; without the recording, there’s no lien.
If the defendant has a bank account or wages, garnishment is usually the most practical route. File an affidavit with the court stating the original judgment amount, how much remains unpaid, the court that rendered the judgment, and the case number.8Justia Law. Georgia Code 18-4-3 – Affidavit and Requirements; Summons of Garnishment The affidavit must be sworn before a notary or court clerk. Once filed, the clerk issues a summons of garnishment to the bank or employer directing them to hold the defendant’s funds or wages.
You can include previously unrecovered filing and service fees in the garnishment amount, which offsets what you spent bringing the case.8Justia Law. Georgia Code 18-4-3 – Affidavit and Requirements; Summons of Garnishment Each garnishment involves a small filing fee, and if the first one doesn’t satisfy the full judgment, you can file additional garnishments until the debt is paid. Some defendants have limited assets, and collection can stretch over months.