Gwinnett County Magistrate Court: How to File a Small Claim
To file a small claim in Gwinnett County, you file a sworn Statement of Claim with the Gwinnett County Magistrate Court at 75 Langley Drive, Lawrenceville, GA 30046. You can also file online through eFileGA. Filing costs $60, plus $50 for the sheriff to serve each defendant. The court hears civil claims up to $15,000, and you don't need a lawyer.
That's the short version. Now the long one: the fees, the forms, the deadlines, and the traps that sink people who walk in unprepared.
The magistrate court is the small claims court
Georgia doesn't have a court with "small claims" on the door. The Magistrate Court of Gwinnett County fills that role. Same thing, different name.
It's built for regular people. There are no jury trials, ever. The strict rules that govern big lawsuits don't apply here. Georgia law even says your claim should be written in "concise form and free from technicalities." Plain English is not just allowed. It's the law.
One more thing most people don't know: before any trial starts, the judge is required to push both sides to settle. That's written into Georgia law too. Keep that in mind. It matters for how you prepare.
If your dispute isn't tied to Gwinnett, start with our Georgia small claims guide instead. The state rules are the same. The fees and addresses change by county.
Gwinnett County magistrate court address and phone number
Here's the contact info people search for the most. Note that the civil and criminal divisions are in different buildings with different phone numbers.
| What you need | Details |
|---|---|
| Courthouse (civil claims) | Gwinnett Justice and Administration Center, 75 Langley Drive, Lawrenceville, GA 30046 |
| Civil clerk phone | 770-822-8100 |
| Mailing address (civil) | Clerk, Gwinnett County Magistrate Court, Civil Division, P.O. Box 246, Lawrenceville, GA 30046 |
| Criminal division | 2900 University Parkway, Lawrenceville, GA 30043. Phone: 770-619-6720 |
| Online filing | eFileGA (Odyssey), $14 flat e-file fee per case per party |
| Forms | gwinnettcourts.com under Magistrate Court, or georgiamagistratecouncil.com for statewide forms |
The Chief Magistrate is Judge Kristina Hammer Blum. The Clerk of Court is Tiana P. Garner. You won't deal with them directly. You'll deal with the civil clerk's office, and they handle these filings all day long.
Calling about a lawsuit? Use the civil number. The criminal line can't help you, and you'll wait on hold twice.
What the Gwinnett County magistrate court can hear
| Case type | Can you file it here? |
|---|---|
| Unpaid loans, invoices, or wages up to $15,000 | Yes |
| Security deposit disputes | Yes |
| Contractor or repair shop disputes | Yes |
| Property damage (car, fence, phone) | Yes |
| Landlord evictions (dispossessory) | Yes |
| Garnishments to collect a judgment | Yes |
| Divorce, custody, family matters | No |
| Who legally owns real estate | No |
| Court orders forcing someone to act (injunctions) | No |
| Claims over $15,000 | No, file in State or Superior Court |
The $15,000 limit is firm. It applies to your claim and to any counterclaim the other side files. Court costs don't count toward it.
Owed more than $15,000? You have a choice. You can cut your claim down to $15,000 and stay in magistrate court. You give up the extra money, but you skip the slower, pricier courts. For a $17,000 claim, losing $2,000 to avoid months of extra process is a trade many people take. See how Georgia compares in our small claims limits by state table.
Magistrate court vs State Court vs Superior Court
Gwinnett runs several courts out of the same complex, and people mix them up constantly. Here's the sorting rule for civil cases.
| Court | Use it when | Key facts |
|---|---|---|
| Magistrate Court | Money claims up to $15,000 | No jury, no lawyer needed, fastest and cheapest |
| State Court | Claims over $15,000, jury trials, car accident suits | Formal rules apply, lawyers common |
| Superior Court | Divorce, real estate ownership, injunctions, felonies | Handles what no other court can |
For most everyday disputes, magistrate court is the answer. It was built so a person with receipts and a straight story can win without paying a lawyer more than the claim is worth.
One wrinkle: counterclaims. If you sue someone for $5,000 and they counterclaim for $20,000, the whole case transfers out of magistrate court to a court that can handle the bigger number. You can't control that, but you should know it can happen.
How much it costs to file
These numbers come straight from the court's own fee schedule. Some legal sites list the wrong amounts, so here's the real math.
| Fee | Amount |
|---|---|
| Filing a civil claim | $60 |
| Sheriff service, per defendant | $50 |
| Typical total, one defendant | $110 |
| E-filing fee (one time, per case per party) | $14 |
| Garnishment (filing plus service) | $110 |
| Eviction filing plus service | $85 |
Can't afford the fees? Ask the clerk about filing a pauper's affidavit. If the court approves it, the fees get waived.
And remember: if you win, the judge adds your court costs to the judgment. The defendant pays you back for filing.
How to file in the Gwinnett County magistrate court, step by step
- Send a demand letter first. Two reasons. First, about 70% of disputes settle after a formal demand letter and follow-up, with no court at all. Second, Georgia judges push settlement before trial. Walking in with proof you tried to resolve it makes you the reasonable one in the room. Here's how to write a demand letter that gets taken seriously.
- Name the defendant correctly. This one mistake kills more cases than any other. Sue a person by their full legal name. Sue a business by its exact registered name, which is often not the name on the sign. Look it up free on the Georgia Secretary of State business search (ecorp.sos.ga.gov). You'll get the legal name and the registered agent who accepts court papers. More on that in our guide to suing a corporation.
- Confirm Gwinnett is the right county. The basic rule: sue where the defendant lives. For a business, sue where it's registered or does business. If your defendant lives in DeKalb, filing in Gwinnett wastes your $110. Not sure? The clerk can't give legal advice, but our state guide covers Georgia's venue rules in plain English.
- Fill out the Statement of Claim. This is the main form. Say who owes you, how much, and why, in plain words. You sign it under oath. If you get stuck, Georgia law says the judge or clerk can help prepare it when you ask. That's a real statute, not a favor.
- File it and pay. In person at 75 Langley Drive, by mail, or online through eFileGA. Online adds the $14 e-file fee and saves you the trip.
- Serve the defendant. The sheriff handles it for $50 per defendant. Papers go to the defendant in person, or to an adult who lives at their home. The court can also appoint a private adult who isn't part of the case. Details in our guide on serving court papers.
- Get your evidence ready while you wait. Contracts, texts, photos, receipts, invoices. Three copies of everything: one for you, one for the judge, one for the other side.
What happens after you file
Once the defendant is served, a clock starts. Georgia's deadlines here are exact, so here's the timeline.
| When | What happens |
|---|---|
| Day 0 | Defendant is served with your Statement of Claim |
| Day 30 | Answer deadline. No answer means they're in default |
| Days 31 to 45 | Grace period. They can still open the default by answering and paying costs |
| Day 46 | You can take a default judgment |
| If they answer | Court mails a hearing notice within 10 days. The hearing lands 15 to 30 days after that |
Two things worth knowing. First, a defendant in Gwinnett can answer in writing or out loud to the judge or clerk, who writes it down. So don't assume silence just because nothing arrived in the mail. Ask the clerk.
Second, if the defendant never responds and your claim is a fixed amount, like an unpaid $3,000 invoice, you win by default without proving anything more. If the amount needs proof, like property damage, the court sets a short hearing where you show your numbers.
Start to finish, most contested Gwinnett cases wrap up in about two to three months. That's fast for a court.
On the other side of one of these? Here's what to do if someone sues you. Short version: answer within 30 days, because default judgments here are very hard to undo.
What the hearing looks like
Your case is decided by a judge alone. No jury exists in this court.
First, the judge will push both sides to settle. Expect it. Have your bottom-line number ready before you walk in.
If you don't settle, the trial is short and informal. You tell your story, show your proof, and answer questions. The other side does the same. Bring live witnesses, not letters from them. A letter can't answer the judge's questions, and judges here weigh live testimony far more.
What wins these hearings is boring: organization. Put your papers in date order. Lead with the number you're owed and how you got there. A judge who hears twenty cases in a day will thank you for a two-minute story with receipts over a twenty-minute story with feelings. If your proof lives on your phone, print it. Nobody wants to squint at a cracked screen, and printouts go into the court file.
Suing a business? Georgia law lets a company send any employee to represent it in magistrate court. So you probably won't face a lawyer. You'll face an office manager with a folder, and your evidence stack decides the day.
One trap to know: the loser can appeal and get a brand new trial in State or Superior Court. But there's no appeal from a default judgment. If you're the defendant and you skip the deadline, that judgment is close to permanent. If you're the plaintiff, this rule works for you.
If you win: how to actually get paid
A judgment is a piece of paper, not a check. Most people pay once they've lost. For the ones who don't, Gwinnett gives you real tools, and they're cheap:
- Fi-Fa, $4 plus $25 to record. This puts a lien on the General Execution Docket against the debtor. It sits on their record and blocks clean property sales until they pay.
- Garnishment, $110. Takes money straight from their paycheck or bank account.
- Post-judgment interrogatories, $10. Forces the debtor to reveal where they work and bank, under oath.
A Georgia judgment is good for seven years and can be renewed. Full playbook in our guide to collecting a small claims judgment, plus what happens if the person you sued has no money.
Evictions, garnishments, and the other cases this court handles
Money claims are the main event, but the Gwinnett magistrate court wears a few other hats.
Evictions. Landlords file dispossessory actions here. Filing costs $60 plus $25 for service, and the sheriff charges another $25 to serve a writ of possession if it gets that far. Tenants: an eviction case moves much faster than a money case, so read the papers the day they arrive.
Garnishments. Won a judgment in any Georgia court? You can file the garnishment in Gwinnett if the debtor's bank or employer is here. It costs $110 total, and it reroutes wages or bank funds to you until the judgment is paid.
Abandoned vehicles. A car rotting on your property can be handled with a petition here for $50, plus $14 for the certified copy you'll need.
Warrant applications. The criminal side of the court takes warrant applications for $20, but that's the University Parkway office, not Langley Drive.
Common mistakes that sink Gwinnett cases
- Suing the sign instead of the company. "Tony's Auto" might legally be "TDR Ventures LLC." Sue the wrong name and you can win a judgment you can't collect. Check the Secretary of State first.
- Asking for more than $15,000. The court bounces it. Trim the claim or file in State Court.
- Skipping the demand letter. You lose your best shot at getting paid without filing, and you look unreasonable to a judge who's required to ask about settlement.
- Missing your own hearing. Plaintiff no-shows get their case dismissed. Defendant no-shows lose outright.
- Bringing a written statement instead of a witness. Live people can answer questions. Paper can't.
- Calling the criminal division. Different building, different number. Civil is 770-822-8100.
FAQ: Gwinnett County magistrate court
How much can you sue for in Gwinnett County magistrate court?
Up to $15,000. The limit also applies to counterclaims, and court costs don't count toward it. If you're owed more, you can waive the extra and stay, or file in State or Superior Court.
How much does it cost to file a small claim in Gwinnett County?
$60 to file plus $50 for the sheriff to serve each defendant, so $110 for a typical one-defendant case. E-filing adds a one-time $14 fee. If you win, the defendant repays your court costs.
Where do I get Gwinnett County magistrate court forms?
Download them from gwinnettcourts.com under Magistrate Court, or grab the statewide versions at georgiamagistratecouncil.com. The main form is the Statement of Claim. The clerk can help you prepare it if you ask.
What is the phone number for the Gwinnett County magistrate court?
Civil division: 770-822-8100. Criminal division: 770-619-6720. For lawsuits, deposits, and money disputes, call the civil number.
Can I file a Gwinnett small claims case online?
Yes. Gwinnett Magistrate Court accepts online filing through eFileGA for a flat $14 fee per case per party. You can also file in person at 75 Langley Drive in Lawrenceville.
Do I need a lawyer for Gwinnett County magistrate court?
No. The court is designed for people without lawyers, and there are no jury trials. Businesses don't need one either. Georgia law lets a company employee represent it.
How long does a small claims case take in Gwinnett County?
About two to three months for a contested case. The defendant gets 30 days to answer, then the hearing is set 15 to 30 days after the court mails the notice. Defaults can end sooner.
Can I check my Gwinnett magistrate court case online?
Yes. Use the case search tool on gwinnettcourts.com to track your case by party name or case number. You'll see filings, hearing dates, and the judgment once it's entered. It beats calling the clerk for every update.
Can you appeal a Gwinnett magistrate court decision?
Yes. Either side can appeal to State or Superior Court and get a completely new trial. The exception: default judgments can't be appealed, which is why answering on time matters so much.
Don't let it slide
Gwinnett makes this about as easy as court gets: $110, one form, no lawyer, decision in a couple of months. But most cases never need the courtroom. A firm demand letter with real follow-up settles about 70% of disputes first. PettyLawsuit sends yours instantly, then keeps the pressure on with calls and follow-ups. And if it does come to filing at 75 Langley Drive, you'll walk in with a paper trail the judge will respect.