Georgia Magistrate Court: Where to File Small Claims Cases
Georgia's magistrate courts are where "small claims" cases are filed - though Georgia doesn't use that term officially. With 159 county courts handling cases up to $15,000, magistrate court is your gateway to quick, affordable justice without the complexity of higher courts.
Understanding Georgia's Magistrate Court System
Georgia's magistrate courts are the foundation of the state's judicial system, providing accessible justice in every county. Established under O.C.G.A. § 15-10-1, these courts handle what most people think of as "small claims," though Georgia officially calls them magistrate court cases.
In Georgia, there is no separate "small claims court." When you want to file a small claims case, you file it in magistrate court. This terminology is crucial when filing forms, asking for directions, or appearing in court. Always refer to it as "magistrate court."
- Simplified procedures for non-lawyers
- Lower filing fees ($45-$55 typically)
- Faster resolution (30-45 days to hearing)
- No jury trials (judge decides)
- Informal evidence rules
- Issue binding judgments
- Order wage garnishments
- Grant evictions
- Issue arrest warrants
- Perform weddings
Every Georgia county has its own magistrate court, ensuring local access to justice. From tiny Taliaferro County (population 1,600) to massive Fulton County (over 1 million), each court follows the same state laws but may have local rules.
Largest Counties
- • Fulton
- • Gwinnett
- • Cobb
- • DeKalb
North Georgia
- • Cherokee
- • Forsyth
- • Hall
- • Bartow
South Georgia
- • Houston
- • Bibb
- • Muscogee
- • Chatham
Coastal Georgia
- • Chatham
- • Glynn
- • Camden
- • Liberty
Why is it called magistrate court instead of small claims court?
Georgia's legal system uses 'magistrate court' as the official name for courts handling smaller civil claims. While functionally similar to other states' small claims courts, Georgia magistrate courts have broader jurisdiction including evictions and criminal matters.
Can I file in any county's magistrate court?
No, you must file in the county where the defendant resides or where the incident occurred. For contracts, you can also file where the contract was made or was to be performed.
What happens if I win but the defendant doesn't pay?
You become a judgment creditor with several collection options: wage garnishment (up to 25%), bank account levy, property liens, or Fi.Fa. execution through the sheriff.
Can I sue a business in magistrate court?
Yes, you can sue businesses, corporations, and LLCs in magistrate court up to $15,000. However, businesses must be represented by an attorney at the hearing.
How long does the whole process take?
Typically 30-45 days from filing to judgment. Filing takes 1-2 hours, service 5-10 days, answer period 30 days, then hearing scheduled shortly after.
What if I need to sue for more than $15,000?
You have two options: (1) Reduce your claim to $15,000 and waive the excess to stay in magistrate court, or (2) File in state or superior court for the full amount with higher fees and longer timeline.
Ready to File in Georgia Magistrate Court?
Whether you call it small claims or magistrate court, we'll help you navigate Georgia's system successfully. File with confidence in any of Georgia's 159 counties.
Frequently asked questions
What is Georgia magistrate court?
Georgia magistrate court is a limited jurisdiction court that handles civil claims up to $15,000, including what other states call 'small claims.' Each of Georgia's 159 counties has a magistrate court. These courts also handle dispossessory actions (evictions), garnishments, and other civil matters.
Is magistrate court the same as small claims court in Georgia?
Yes, in Georgia, what other states call 'small claims court' is handled by the magistrate court. Georgia doesn't have a separate 'small claims court' - magistrate court serves this function with jurisdiction up to $15,000.
Do I need a lawyer in Georgia magistrate court?
No, you don't need a lawyer in Georgia magistrate court. The court is designed for self-representation. However, lawyers are allowed if you choose to hire one. Note that corporations must be represented by an attorney.
What's the difference between magistrate court and state court in Georgia?
Magistrate court handles civil cases up to $15,000 with no jury trials and simplified procedures. State court has unlimited monetary jurisdiction, allows jury trials, and follows more formal procedures. Magistrate court is faster and less expensive.