What is the small claims limit in Georgia?
Georgia small claims is handled by the Magistrate Court in each county under O.C.G.A. Title 15, Chapter 10.
1. Monetary Limit — O.C.G.A. § 15-10-2 authorizes Magistrate Court jurisdiction over civil claims up to $15,000 (exclusive of interest, costs, and attorney fees), one of the highest small claims limits nationally. Magistrate Court does not have jurisdiction over equity, divorce, or title-to-land disputes.
2. Filing Fee — Set by each county under O.C.G.A. § 15-10-80. Typical: $55-$92 for filing, plus $50 sheriff service per defendant. Some counties offer reduced fees for self-represented litigants.
3. Lawyers — Permitted at all stages. Corporations may be represented by an officer or employee for claims up to $15,000 (O.C.G.A. § 15-10-43(c)).
4. Statute of Limitations — Standard Georgia SOLs: 6 years for written contracts (O.C.G.A. § 9-3-24), 4 years for oral contracts (§ 9-3-25), 2 years for personal injury (§ 9-3-33), 4 years for property damage and conversion (§ 9-3-32).
5. Where to File — Magistrate Court of the county where defendant resides (O.C.G.A. § 15-10-40). For nonresidents, file where the cause of action arose. For corporations, file where the registered office is located.
6. Service — By sheriff, marshal, certified process server, or registered/certified mail. Defendant has 30 days to file an answer after service (O.C.G.A. § 15-10-43). Failure to answer results in default judgment.
7. Hearing — Informal trial before a magistrate judge; no jury trials in Magistrate Court. Hearing typically held 30-60 days after answer filed.
8. Appeal Rights — Either party may appeal de novo to the State Court or Superior Court of the same county within 30 days of judgment (O.C.G.A. § 15-10-41(b)). The case is retried under the regular Rules of Civil Procedure, and a jury may be demanded.
This is legal information, not legal advice.
- Claim exceeds small claims limit
- Defendant counter-sues for higher amount
- Complex contract or business dispute
- O.C.G.A. § 15-10-2
- O.C.G.A. § 15-10-41
- O.C.G.A. § 15-10-43
- O.C.G.A. § 9-3-24
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.