How to File Small Claims in Georgia: Complete Magistrate Court Guide (2026)

To file small claims in Georgia, go to Magistrate Court in the county where the defendant lives. Georgia does not have a separate small claims court. Magistrate Court handles it. You can sue for up to $15,000. No lawyer needed. Fill out a form, pay a fee (usually $45 to $102), serve the defendant, and show up for a hearing. The whole process takes about 30 to 60 days.

What Is Georgia's Small Claims Court?

In Georgia, small claims court is called Magistrate Court Georgia. There is no separate small claims division. Magistrate Court is the one you want.

Every Georgia county has a Magistrate Court. It handles civil money disputes. It was built for regular people, not lawyers.

There are no juries in Magistrate Court. A judge decides every case. That keeps hearings short.

The court clerks can help you fill out forms. Do not be afraid to ask. Most people who file have no legal experience at all.

What Cases Can You File?

Georgia small claims court handles most money disputes. Common cases include:

• Unpaid loans
• Security deposit disputes
• Contractor work that was paid for but not done
• Property damage
• Defective products
• Bounced checks
• Car accident damage
• Disputes with service companies

You cannot file these types of cases in Magistrate Court:

• Divorce or family law
• Real estate ownership disputes
• Requests to force someone to do something
• Claims over $15,000

For those, you need Superior Court or State Court.

Watch the deadlines. Written contracts give you 6 years to file. Oral contracts and property damage: 4 years. Personal injury: 2 years. Miss the deadline and the court will dismiss your case.

Georgia Small Claims Limit

The Georgia small claims limit is $15,000. That is the most you can ask for in one Magistrate Court case.

The cap applies to both sides. You can claim up to $15,000. If the defendant files a counterclaim, they are also capped at $15,000.

If your damages are more than $15,000, you have a choice. You can cut your claim down to fit. Or you can file in a higher court where it gets more complex.

For most disputes, $15,000 is plenty. See how Georgia stacks up against other states in our guide to small claims limits by state.

Where to File

You do not file in your own county. You file where the defendant lives or does business.

• Person: File in the county where they live
• LLC or corporation: File in the county where their registered agent is located
• Sole proprietor: File in the county where they do business

To find a company's registered agent, search the Georgia Secretary of State database at ecorp.sos.ga.gov/BusinessSearch. It is free. Takes two minutes. You will find the agent's county there.

Filing in the wrong county is a common error. It can get your case dismissed. Look it up first.

Step-by-Step: How to File in Georgia Magistrate Court

Here is exactly how to file in Magistrate Court Georgia.

Step 1: Collect your evidence

Get everything you have. Contracts, invoices, receipts, texts, emails, photos, bank records. Make copies. The more proof you have, the better your case.

Step 2: Add up your damages

Be exact. Write down every dollar you are claiming. List the amount, the reason, and any supporting math. Courts want numbers. Not stories.

Step 3: Find the right court

Look up the Magistrate Court for the defendant's county. Most counties have websites with forms and hours. Georgia also has eFileGA at tylertech.cloud. Check if your county is on it before driving in.

Step 4: Fill out the claim form

The form asks for your name and address, the defendant's name and address, how much you are claiming, and why. Be brief. Be factual. Stick to the basics.

Step 5: File and pay

Submit in person, by mail, or online if your county uses eFileGA. Pay your Georgia small claims filing fee. The clerk will give you a case number and a hearing date.

Step 6: Serve the defendant

You have to officially notify the defendant. This is called service of process. The sheriff's office handles it in most counties. You pay a service fee separately.

Step 7: Go to your hearing

Bring all your evidence. Bring copies for the judge and the defendant. Know your numbers. Be ready to explain what happened in plain terms.

Georgia Small Claims Filing Fees

The Georgia small claims filing fee is different in every county. There is no statewide amount. Here is what some counties charge:

Call the clerk before you go. Fees can change. Most courts take cash, check, or money order. Some take cards.

If you win, ask the judge to include your filing fee in the judgment. Many will.

Serving the Defendant

You cannot just mail the defendant a copy. Georgia law requires formal service of process.

Your options:

• Sheriff's service: Most common. You pay a fee, give the court the address, and a deputy delivers the papers. It is documented and reliable.
• Certified mail: Some counties allow this with return receipt. Ask your clerk if it is accepted.
• Private process server: A paid company serves the papers. Cost is similar to the sheriff fee.

Once served, the defendant has 30 days to file a written answer. If they answer late (31 to 45 days), they owe extra court costs. If they never answer, you can ask for a default judgment.

After You File

After you file and serve, a few things can happen.

Defendant answers: They file a response. The case goes to a hearing.

Defendant defaults: No response in 30 days. You ask for a default judgment. The judge may rule without a hearing, or schedule a short one to confirm your damages.

Mediation: Some Georgia counties require mediation before a hearing. A neutral person helps both sides talk it out. It is faster and cheaper than a full hearing.

Settlement: The defendant may reach out to pay after being served. Get it in writing. Then dismiss your case.

Hearing dates come 30 to 60 days after filing. It varies by county.

How to Win Your Case

The key is prep. The judge sees many cases. Be clear and quick.

Tell a tight story. Who are you? What happened? What do you want? Keep it short. Facts only.

Organize your evidence. Number every document. Make three sets: yours, the judge's, the defendant's. Print everything. Do not hand the judge your phone.

Know your math. If you paid $3,000 for work that was never done, bring the invoice and the bank record. Be ready to walk through the numbers.

Stay calm. Calm people win more often. Let the facts speak. Do not argue or interrupt.

Bring a witness if you have one. Anyone who saw the problem or heard the deal can help your case.

Read our full guide on how to sue someone for money for more prep tips.

Collecting Your Judgment

Winning is step one. Getting paid is step two. The court will not do it for you.

If the defendant does not pay, here are your options:

• Wage garnishment: Take up to 25% of their weekly pay. File a garnishment action with the court.
• Bank levy: Garnish their bank account once you know where they bank.
• Property lien: Record the judgment as a lien against any real property they own in the county.
• Writ of fieri facias (fi.fa.): Georgia's judgment tool. The clerk issues it. Use it to start collection.

Georgia judgments last 7 years and can be renewed. Even if they have nothing now, you can still collect later when they get a job or buy property.

Before You File, Try This First

Most defendants do not want to face a judge. When someone gets a formal written notice and sees you are serious, they often pay. That is true before a lawsuit ever starts.

Our data backs this up. Read about whether do demand letters work before you spend money on court.

Before you spend $60+ on filing fees and wait 30 to 60 days for a court date, many Georgia disputes settle with a formal Petty Notice. PettyLawsuit helps you send one right away. 70% of cases resolve without court.

Comparing states? See our Ohio guide too.

FAQ

What is the Georgia small claims limit?

The Georgia small claims limit is $15,000. Both plaintiff claims and counterclaims are capped at this amount.

Can I go to Georgia small claims without a lawyer?

Yes. Georgia small claims without a lawyer is very common. Magistrate Court is set up for pro se filers. You do not need an attorney.

How much is the Georgia small claims filing fee?

It ranges from $45 to $102 by county. Fulton is $60 + $50 for service. DeKalb is $54 + $35. Call your county clerk to confirm.

How do I sue someone in Georgia small claims?

To sue someone in Georgia small claims, file a complaint at Magistrate Court in the defendant's county. Pay the filing fee. Have the defendant served. Show up to your hearing with your evidence.

How long does it take?

Hearings are set 30 to 60 days after filing. The defendant has 30 days to respond. Most cases wrap up in 2 to 3 months.

Can I file online in Georgia?

Yes, in many counties. Georgia uses eFileGA at tylertech.cloud. Check with your county clerk to confirm it is available.

What if the defendant does not show up?

If they were served and do not appear, the judge will likely enter a default judgment. You may still need to confirm your damages at a short hearing.

How do I collect after I win?

The court will not collect for you. Use wage garnishment, bank levies, or property liens via a writ of fieri facias. Judgments last 7 years.