How to File a Small Claims Lawsuit in Georgia (2026)
Reviewed by DocDraft Legal Team · Georgia · Last updated April 30, 2026
Georgia magistrate court small claims handles money disputes up to $15,000 under O.C.G.A. §15-10. Filing fees are roughly $50 to $100 depending on county. The statute of limitations is 6 years for written contracts and 4 years for oral.
What governs small claims court in Georgia?
O.C.G.A. §15-10-2 et seq. governs small claims procedure in Georgia, setting a $15,000 limit, $50 to $80 filing fees, and a 6-year statute of limitations on written contracts. Cases are filed at the Magistrate Court in the county where the defendant resides, using forms available through Georgia Magistrate Court forms via georgiacourts.gov.
How much does it cost to file a small claims lawsuit in Georgia?
Georgia Magistrate Court filing fees run roughly $50 to $80 depending on the county, set by each county clerk under O.C.G.A. §15-10-80. Sheriff service typically adds $30 to $50 per defendant. Filers who cannot afford the fee can submit a poverty affidavit (in forma pauperis) under O.C.G.A. §9-15-2 to request a waiver.
Do I need a lawyer for small claims court in Georgia?
No. Georgia Magistrate Court is designed for self-represented parties under O.C.G.A. §15-10-2 et seq. Attorneys are permitted at the hearing, so either side may bring counsel, but most pro se filers handle small claims without one. Corporations and LLCs in Magistrate Court may be represented by an officer, employee, or attorney.
How long do I have to sue someone in Georgia small claims court?
Georgia allows 6 years to sue on written contracts under O.C.G.A. §9-3-24 and 4 years for oral contracts and open-account debt under §9-3-25. Property damage is 4 years (§9-3-32) and personal injury is 2 years (§9-3-33). The clock generally starts on the date of breach or injury, not the date you discovered the loss.
Georgia small claims at a glance
O.C.G.A. §15-10-2 grants Georgia Magistrate Courts concurrent civil jurisdiction up to $15,000, the highest small-claims limit in the Southeast (compare Florida $8,000, North Carolina $10,000, South Carolina $7,500). Magistrate Court is also the procedural front door for landlord-tenant disputes statewide: the same court handles dispossessory (eviction) proceedings, distress warrants, and pre-judgment garnishments under O.C.G.A. §44-7-50 et seq. and §18-4-1 et seq. Georgia's 6-year statute of limitations on written contracts under O.C.G.A. §9-3-24 is among the longest in the Southeast, giving creditors and breach-of-contract plaintiffs a meaningfully wider filing window than neighboring states. The Georgia Magistrate Council publishes a free procedural self-help guide and statewide forms at georgiacourts.gov/forms and georgiamagistratecouncil.com.
Filing cost example: $7,000 unpaid contractor claim
Suppose a contractor owes you $7,000 on a written services agreement. The statute of limitations for written contracts in Georgia is 6 years under O.C.G.A. §9-3-24, so you have a meaningfully wider filing window than in most Southeastern states. The filing fee at Magistrate Court runs about $65, and sheriff service under O.C.G.A. §9-11-4 typically adds $30 to $50 per defendant. After winning, post-judgment interest accrues at 7% per year per O.C.G.A. §7-4-12. If the defendant pays within 30 days, you collect the full $7,000 plus filing and service costs. If unpaid for 1 year, you are owed approximately $7,490.
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Relevant Documents
Billing Dispute Letter
A formal letter to the company or service provider detailing the nature of the billing dispute, including specific charges being contested, reasons for the dispute, and requested resolution. This document establishes a paper trail of your dispute attempt.
Promissory Note
This document is your written promise to repay the loan according to specific terms. It's often simpler than the full loan agreement but creates a legally binding obligation to repay the borrowed funds.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Local Courthouses
Fulton County Magistrate Court (Atlanta)
185 Central Ave SW, Atlanta, GA 30303
DeKalb County Magistrate Court (Decatur)
556 N McDonough St, Decatur, GA 30030
Cobb County Magistrate Court (Marietta)
32 Waddell St NE, Marietta, GA 30060
Gwinnett County Magistrate Court (Lawrenceville)
75 Langley Dr, Lawrenceville, GA 30046
Chatham County Magistrate Court (Savannah)
133 Montgomery St, Savannah, GA 31401
Georgia Magistrate Court directory (statewide)
Find your local Magistrate Court by county.
Relevant Laws
O.C.G.A. §15-10-2 et seq. (Magistrate Court Jurisdiction)
Governs Magistrate Court procedure including civil jurisdiction up to $15,000, dispossessory proceedings, distress warrants, garnishments, and the Statement of Claim process.
O.C.G.A. §9-3-24 and §9-3-25 (Statute of Limitations on Contracts)
Sets the 6-year statute of limitations for written contracts and the 4-year statute of limitations for oral contracts and open-account debt.
O.C.G.A. §9-11-4 (Service of Process)
Sets out service-of-process rules in Georgia civil cases, including sheriff service, certified mail, and service by court-appointed process server.
O.C.G.A. §7-4-12 (Post-Judgment Interest)
Sets the post-judgment interest rate on Georgia court judgments at 7% per year unless a higher contract rate applies.
Georgia Magistrate Court forms and county directory
Official Georgia Judicial Branch forms portal and statewide Magistrate Court directory, including Statement of Claim, dispossessory, and garnishment forms.
Georgia Magistrate Council Self-Help
Free procedural guide covering filing, service, hearings, and judgment collection in Georgia Magistrate Court small claims cases.
Regional Variances
Statute of Limitations for Common Claims in Georgia
Written contract
6 years (O.C.G.A. §9-3-24)
Oral contract
4 years (O.C.G.A. §9-3-25)
Property damage
4 years (O.C.G.A. §9-3-32)
Personal injury
2 years (O.C.G.A. §9-3-33)
Debt collection
6 years written / 4 years open account (O.C.G.A. §9-3-24, §9-3-25)
Suggested Compliance Checklist
Send a demand letter (recommended)
30 days before filing days after startingSend a formal written demand to the defendant by certified mail with return receipt. Georgia does not require a demand letter, but most magistrates expect to see one for breach-of-contract claims. Keep proof of mailing.
Verify claim is within $15,000 Magistrate Court limit
Before filing days after startingGeorgia Magistrate Court handles civil claims up to $15,000 under O.C.G.A. §15-10-2. If your claim exceeds the limit, reduce it (waiving the excess) or file in State or Superior Court.
Gather evidence
Before filing days after startingCollect contracts, invoices, receipts, photos, texts, emails, and witness contact information. Make three copies of every exhibit for the magistrate, the defendant, and yourself.
File the Statement of Claim at the correct Magistrate Court
Within 6-year SOL (written contract) or 4-year SOL (oral, property damage) days after startingFile the Statement of Claim at the Magistrate Court in the county where the defendant resides, per O.C.G.A. §15-10-2. Pay the $50 to $80 filing fee or request a poverty-affidavit waiver under O.C.G.A. §9-15-2.
Serve the defendant per O.C.G.A. §9-11-4
Before the hearing date days after startingServe by sheriff (the default route, about $30 to $50 per defendant), certified mail with return receipt, or court-appointed process server. File proof of service with the Magistrate Court before the hearing.
Attend the hearing with all evidence
30 to 45 days after filing days after startingHearings are public and informal. Bring three copies of every document, all witnesses, and a clear timeline of events. The magistrate typically rules from the bench.
Collect the judgment
After appeal window closes (30 days) days after startingUse writs of fieri facias (fi. fa.), garnishment, and judgment liens under O.C.G.A. §9-13-1 et seq. Post-judgment interest accrues at 7% per year per O.C.G.A. §7-4-12.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Send a demand letter (recommended) | Send a formal written demand to the defendant by certified mail with return receipt. Georgia does not require a demand letter, but most magistrates expect to see one for breach-of-contract claims. Keep proof of mailing. | demand-letter | 30 days before filing |
| Verify claim is within $15,000 Magistrate Court limit | Georgia Magistrate Court handles civil claims up to $15,000 under O.C.G.A. §15-10-2. If your claim exceeds the limit, reduce it (waiving the excess) or file in State or Superior Court. | - | Before filing |
| Gather evidence | Collect contracts, invoices, receipts, photos, texts, emails, and witness contact information. Make three copies of every exhibit for the magistrate, the defendant, and yourself. | - | Before filing |
| File the Statement of Claim at the correct Magistrate Court | File the Statement of Claim at the Magistrate Court in the county where the defendant resides, per O.C.G.A. §15-10-2. Pay the $50 to $80 filing fee or request a poverty-affidavit waiver under O.C.G.A. §9-15-2. | - | Within 6-year SOL (written contract) or 4-year SOL (oral, property damage) |
| Serve the defendant per O.C.G.A. §9-11-4 | Serve by sheriff (the default route, about $30 to $50 per defendant), certified mail with return receipt, or court-appointed process server. File proof of service with the Magistrate Court before the hearing. | - | Before the hearing date |
| Attend the hearing with all evidence | Hearings are public and informal. Bring three copies of every document, all witnesses, and a clear timeline of events. The magistrate typically rules from the bench. | - | 30 to 45 days after filing |
| Collect the judgment | Use writs of fieri facias (fi. fa.), garnishment, and judgment liens under O.C.G.A. §9-13-1 et seq. Post-judgment interest accrues at 7% per year per O.C.G.A. §7-4-12. | - | After appeal window closes (30 days) |
Frequently Asked Questions
Georgia Magistrate Court handles civil claims up to $15,000 under O.C.G.A. §15-10-2, the highest small-claims limit in the Southeast. The limit applies to both individuals and businesses. Claims exceeding $15,000 must be filed in State Court or Superior Court depending on the amount and subject matter.
Georgia Magistrate Court filing fees run roughly $50 to $80 depending on the county, set by each county clerk under O.C.G.A. §15-10-80. Sheriff service typically adds $30 to $50 more per defendant. Filers who cannot afford the fee can submit a poverty affidavit under O.C.G.A. §9-15-2 to request a waiver.
No attorney is required, and the Magistrate Court rules under O.C.G.A. §15-10-2 et seq. are designed for self-represented parties. Attorneys are permitted at the hearing, so either side may bring counsel. Most pro se Georgia filers handle small claims without an attorney for routine debt and property damage cases.
Georgia allows 6 years for written contracts under O.C.G.A. §9-3-24, 4 years for oral contracts and open-account debt under §9-3-25, 4 years for property damage under §9-3-32, and 2 years for personal injury under §9-3-33. The clock generally starts on the date of breach or injury.
Service options under O.C.G.A. §9-11-4 include sheriff service (the default route, about $30 to $50 per defendant), certified mail with return receipt, and service by a court-appointed process server. Most Magistrate Courts route service through the sheriff's office. File proof of service with the court before the hearing date.
Yes. Both individuals and businesses can sue or be sued in Magistrate Court for amounts up to $15,000. Corporations and LLCs may be represented at the hearing by an officer, employee, or licensed attorney. Georgia does not impose a separate, lower limit on business plaintiffs the way California does.
Yes. Magistrate Court is the procedural front door for most landlord-tenant disputes in Georgia: the same court handles dispossessory (eviction) cases under O.C.G.A. §44-7-50 et seq., distress warrants, and pre-judgment garnishments under §18-4-1 et seq. That makes Magistrate Court the default civil forum for routine rental and debt disputes.
Yes. Either party can appeal a Magistrate Court judgment de novo to State or Superior Court under O.C.G.A. §15-10-41, meaning the case starts over with a new trial on the facts. The appeal must be filed within 30 days of the judgment along with any required appeal bond and costs.