How does small claims court work in Georgia?

Question

Accepted Answer

1. Jurisdictional Limit    O.C.G.A. § 15-10-2(5) caps Magistrate Court civil jurisdiction at $15,000, exclusive of interest, costs, and attorney's fees.    2. Court Name    Magistrate Court of each county (sometimes called "small claims court" colloquially).    3. Filing Fee    Filing fees typically run $50-$80 depending on the county, with service fees of $35-$50 per defendant. Indigent plaintiffs may file a Pauper's Affidavit under O.C.G.A. § 9-15-2 to waive fees.    4. Filing the Claim    File a Statement of Claim in the county where the defendant resides (O.C.G.A. § 9-10-93 for residents; § 9-10-91 long-arm for non-residents). Service is performed by the sheriff, marshal, or a court-approved private process server (O.C.G.A. § 15-10-43).    5. Defendant's Response    Defendants must file a written Answer within 30 days of service (O.C.G.A. § 15-10-43(b)). Failure to answer results in default judgment. Counterclaims must be filed with the Answer and may exceed the jurisdictional limit only if the case is transferred.    6. Attorney Representation    Attorneys are permitted on both sides. Corporations and LLCs generally must appear through counsel, though a corporate officer may file the initial claim under O.C.G.A. § 15-10-44.    7. Hearing    Hearings before the magistrate are informal; the Georgia Rules of Evidence apply but are relaxed. Discovery is allowed only with court permission (Uniform Magistrate Court Rule 18).    8. Judgment & Collection    Either party may appeal to State Court or Superior Court within 30 days for a trial de novo (O.C.G.A. § 15-10-41(b)). An appeal bond equal to the judgment plus costs is required. Collection tools include fi. fa. (writ of fieri facias) recorded on the General Execution Docket creating a lien (§ 9-12-80), garnishment under O.C.G.A. Ch. 18-4, and bank levy.    9. Statute of Limitations    Standard SOLs apply: 6 years for written contracts (O.C.G.A. § 9-3-24), 4 years for oral contracts and open accounts (§ 9-3-25), 2 years for personal injury (§ 9-3-33), and 4 years for property damage (§ 9-3-32).  This is legal information, not legal advice.