Small claims in Georgia.
Georgia's Magistrate Courts offer a streamlined process for claims up to $15,000, emphasizing accessibility and efficiency.
- Most you can sue for$15,000Same cap for individuals and businesses
- Filing feeVaries by countyFees are set by each county; contact local Magistrate Court for details
- CourtMagistrate CourtHandles civil claims up to $15,000
- Lawyers at trialAllowedPermitted but not required
- Appeal window30 daysAppeals must be filed within 30 days of judgment
- Recent change—No major changes in the last 3 years
Find your situation.
Georgia small claims handles money disputes up to $15,000 (or $15,000 if you're a business). Browse 7 categories and 39 specific claim types below.
Georgia allows you to file claims related to breaches of contract and money owed up to $15,000 in Magistrate Court.
Wrong court for these12 situations small claims can’t handle
Eviction (unlawful detainer)
Eviction proceedings are handled separately from monetary claims and have specific legal requirements.
Try instead: Superior Court or State Court
Title to real estate
Disputes involving the ownership of real property exceed the jurisdiction of Magistrate Courts.
Try instead: Superior Court
Defamation
Claims involving defamation require complex legal analysis and are not suitable for Magistrate Court.
Try instead: Superior Court
Malpractice
Professional malpractice claims involve specialized legal standards and are beyond the scope of Magistrate Court.
Try instead: Superior Court
Family law and probate
Matters such as divorce, child custody, and estate disputes are handled by specialized courts.
Try instead: Superior Court or Probate Court
Federal claims
Claims involving federal law or the federal government are outside the jurisdiction of state courts.
Try instead: Federal Court
Class actions
Class action lawsuits involve multiple plaintiffs and complex legal issues unsuitable for Magistrate Court.
Try instead: Superior Court
Injunctions/specific performance
Magistrate Courts cannot issue orders requiring a party to perform or refrain from specific acts.
Try instead: Superior Court
Claims against the federal government
Such claims fall under federal jurisdiction and cannot be heard in state courts.
Try instead: Federal Court
Workers' compensation
Workers' compensation claims are handled by a specialized administrative system.
Try instead: State Board of Workers' Compensation
Mandatory-arbitration disputes
Disputes subject to mandatory arbitration clauses are typically resolved through arbitration, not court.
Try instead: Arbitration
Suing a deceased person
Claims against deceased individuals must be filed against their estate in probate court.
Try instead: Probate Court
From owed to paid in 6 steps.
Send a demand letter
Not required, but always do it. While not required, sending a demand letter can often resolve disputes without the need for court intervention.
Check your deadline
Every claim has a deadline by which you have to sue (the legal name is the “statute of limitations”). Miss it by a day and your case is dead.
The discovery rule may apply to certain claims, such as fraud, where the statute of limitations begins when the injury is discovered or should have been discovered.
File your case
File at the Magistrate Court. Most cases go in the county where the defendant lives or where the dispute happened.
If you win, filing and service fees are typically added to the judgment against the defendant.
E-filing in Georgia: E-filing availability varies by county; check with the local Magistrate Court for options.
Serve the defendant
The defendant has to receive official notice of the lawsuit (lawyers call this being “served”) at least 0 days before the hearing (in the same county) or 0 days (out of county). You can’t hand them the papers yourself.
Allowed methods
- Sheriff personal service. Sheriff or constable personally delivers the papers to the defendant.
- Certified mail by clerk. Court clerk sends the documents via certified mail to the defendant.
- Private process server. A licensed individual personally delivers the papers to the defendant.
File the proof of service () at least 0 days before the hearing.
What if you can’t find the defendant?
If the defendant cannot be located, service by publication may be permitted with court approval.
If the defendant is evading service, you may request alternative service methods from the court.
Show up to the hearing
Bench trial with each side presenting evidence and arguments; typically brief and informal.
Lawyers at trial: Allowed. Parties may choose to be represented by an attorney, but it is not required.
When you’ll get the decision: On the spot or mailed within a few weeks.
What to bring
- Originals of any contracts
- Receipts and bank records
- Photos and videos
- Names and contact info for witnesses
If the defendant doesn’t show up
If the defendant fails to respond, the court may grant a default judgment in favor of the plaintiff.
You still have to prove your case. Even in default cases, the plaintiff may need to provide evidence to support the claim amount.
If you’re the defendant being sued
Defendants must file a written answer within 30 days of service to avoid default judgment.
Counter-suing the plaintiff: Allowed using (Counterclaim). Serve the plaintiff at least 0 days before trial (same county) or 0 days (out of county).
If you win, collect
This is where most people stop and lose. The court doesn’t collect for you. The loser has 0 days to pay. Judgments accrue 0% interest per year while unpaid.
Wage garnishment
Have a portion of the debtor's wages withheld until the judgment is paid.
How it works
File a writ of garnishment with the court, serve the employer, and the employer withholds a portion of the debtor's wages to satisfy the judgment.
Cost: Varies by county
Notes: Effective when the debtor is employed and earning wages.
What’s protected:
- 75% of disposable earnings (federal CCPA floor)
Bank levy
Seize funds from the debtor's bank account to satisfy the judgment.
How it works
Obtain a writ of garnishment, serve the bank, and the bank freezes and turns over funds from the debtor's account.
Cost: Varies by county
Notes: Effective if the debtor has sufficient funds in the account.
What’s protected:
- Certain amounts may be exempt under state law
Property lien
Place a lien on the debtor's real property to secure the judgment amount.
How it works
File the judgment with the county recorder to place a lien on the debtor's property, which must be satisfied before the property can be sold or refinanced.
Cost: Varies by county
Notes: Effective for securing the judgment but may not result in immediate payment.
What’s protected:
- Homestead exemptions may apply
Writ of execution
Authorize the seizure of the debtor's non-exempt property to satisfy the judgment.
How it works
Obtain a writ from the court, and the sheriff seizes and sells the debtor's property at auction.
Cost: Varies by county
Notes: Can be effective but may be time-consuming and costly.
What’s protected:
- Certain personal property may be exempt under state law
Multiple creditors? Priority rules.
Priority among multiple judgment creditors is typically determined by the order in which liens are filed.
Can you appeal if you lose?
either
- Deadline: 30 days from the judgment notice.
- Form: Notice of Appeal.
- Type: Trial de novo — the case is heard fresh in the higher court.
The appeal results in a new trial in the higher court as if the original trial had not occurred.
Filing the appeal automatically pauses any collection efforts until the appeal is resolved.
Default judgment? Different rules.
Default judgments are typically not appealable; the defendant must first file a motion to vacate the judgment.
Motion to vacate: file within 30 days of the judgment notice.
Local rules that matter.
State law sets the rules. Each county handles small claims a little differently.
Fulton
- E-filing availability: Fulton County offers online filing through its Magistrate Court website.
DeKalb
- Filing fees: DeKalb County has a standardized fee schedule for Magistrate Court filings.
Why cases get dismissed.
Incorrect defendant information
What goes wrong: Suing the wrong party or using incorrect names can result in dismissal or unenforceable judgments.
How to avoid it: Verify the exact legal name and address of the defendant before filing.
Missing statute of limitations
What goes wrong: Filing after the statute of limitations has expired will lead to dismissal of the case.
How to avoid it: Confirm the applicable statute of limitations for your claim type before filing.
Insufficient evidence
What goes wrong: Lack of proper documentation can weaken your case and lead to unfavorable outcomes.
How to avoid it: Gather all relevant contracts, receipts, communications, and witness statements before filing.
Improper service of process
What goes wrong: Failing to serve the defendant correctly can delay proceedings or result in dismissal.
How to avoid it: Follow the court's rules for service of process carefully, using authorized methods.
Ignoring court deadlines
What goes wrong: Missing filing or response deadlines can lead to default judgments or case dismissal.
How to avoid it: Keep track of all court-imposed deadlines and comply promptly.
Overlooking counterclaims
What goes wrong: Failing to file a counterclaim may waive your right to seek damages related to the same dispute.
How to avoid it: Assess whether you have any claims against the plaintiff and file a counterclaim if appropriate.
Common questions.
Do I need a lawyer?
How long does it take?
What's the maximum I can sue for?
What happens if the defendant doesn't show up?
Can I appeal?
How long is a judgment good for?
Sources1 citations and statutes
This is not legal advice. CivilCase is not a law firm. Court rules, fees, and statutes change. Verify against the cited authority before filing. Last researched and updated: April 28, 2026.