Georgia Small Claims Court (2026): Limit, Fees & How to File

In Georgia, small claims are filed in a county’s magistrate court, which DeKalb County’s court says is also referred to as the small claims court. A judge decides the case, there is no jury, and you may go with or without a lawyer.

This guide follows a Georgia small claims court case in the order you meet it: whether the court can hear it, what it costs, where to file, the steps and deadlines, default judgments, what to do if you are the one sued, the hearing, appeals, and collecting. We checked the Georgia Code and the Uniform Magistrate Court Rules on 12 November 2026. Rules and fees change, so confirm the current numbers with your county clerk before you act.

Georgia Small Claims Court Limit: What the Magistrate Court Can Hear

A claim belongs in magistrate court when it fits the statute. The Code lets a magistrate court try civil claims, including garnishment and attachment, when exclusive jurisdiction is not vested in the superior court and the amount demanded or the value of the property claimed does not exceed $15,000.00 (O.C.G.A. §15-10-2(a)(5)). The same paragraph says no prejudgment attachment may be granted.

HB 999 (Georgia Laws 2026, page 921) raises that figure to $25,000.00. The increase applies to actions filed on or after January 1, 2027. Until then the limit stays at $15,000.

The statute speaks of “the amount demanded or the value of the property claimed” and says nothing there about interest. DeKalb County’s magistrate court states that court costs do not affect the jurisdictional amount. If your claim sits close to the limit, ask your clerk how the court counts it.

Some claims do not belong in magistrate court even under the limit. DeKalb County’s court lists divorce and family law matters, cases that decide ownership rights in real estate, and orders to do or stop doing something (injunctive relief, which only the superior court can grant).

Magistrate courts also handle dispossessory (eviction) and distress warrant proceedings under Title 44 (O.C.G.A. §15-10-2(a)(6)). Those follow different rules. This article covers money claims, not evictions.

Georgia Small Claims Court Fees and Costs

State law caps the local filing deposit at $22.00 and says other sums required by law are added to the fees (O.C.G.A. §15-10-80(a), (e)). Service is separate: the plaintiff pays the actual cost of serving each party, up to the amount a sheriff charges (§15-10-80(b)). Counties that run court-connected alternative dispute resolution programs may add up to $10.00 per case (§15-23-7).

County totals run higher than the $22.00 deposit cap, and the county pages do not itemize the difference, so plan around your county’s published total. Fees as listed on 12 November 2026:

Fulton’s pages list only the Marshal’s service charge, and DeKalb’s pages list two different filing amounts, so ask each clerk for the current figure. If your court provides for electronic filing, the clerk may also charge a transaction fee for each electronic filing and each electronic payment (O.C.G.A. §15-10-53(a), (k)). When the case ends, costs between the parties are taxed against the losing party (§15-10-80(d)).

If you cannot pay a deposit, fee or other cost, you can sign an affidavit of indigence (some people call it a pauper’s affidavit). A party who files one is relieved from paying the costs (O.C.G.A. §9-15-2(a)(1)). The other side can contest it under oath, and the court may inquire into it on its own (§9-15-2(a)(2), (b)).

Where to File and Who Can Appear

Venue is the county where the case belongs. For an individual defendant, Fulton County’s plaintiff pamphlet says to file in the county where the defendant lives, and DeKalb County’s court says the same, adding that a sole proprietor is sued where they live. DeKalb says a partnership can be sued in a county where at least one owner lives, and a corporation in the county of its registered office with the Secretary of State.

For corporations the Code is more detailed. A corporation resides in the county of its registered office for civil proceedings generally. For contract and tort claims it can also be sued where the contract was made or is to be performed, or where the claim arose, if it has an office and transacts business there (O.C.G.A. §14-2-510(b)(1) to (3)). Other venue rules apply to specific cases.

Raise a venue problem early. Under Uniform Magistrate Court Rule 35, objections to service of process, personal jurisdiction or venue must be raised when you file your answer or they are waived. If a court lacks jurisdiction or venue, Rule 36 directs it to transfer the case file or dismiss the case without prejudice.

If the defendant lives outside Georgia, personal jurisdiction is a separate question this guide does not cover. The Code’s venue rule for nonresidents is O.C.G.A. §9-10-93.

You do not need a lawyer to file. At the request of any individual, the judge or clerk may prepare the statement of claim and other papers (§15-10-43(a)). An employee of a corporation or other legal entity may represent it before the magistrate court (§15-10-43(i)).

How to File, Step by Step

1. Write the statement of claim. It starts the case. Keep it short, in concise form and free from technicalities. It must include the defendant’s last known address, enough detail to give reasonable notice of each claim, and the address where you want the notice of hearing (O.C.G.A. §15-10-43(a)). The Code prints a sample form at §15-10-48, and your county clerk may have its own.
2. Sign and verify it. You or your agent sign the statement and verify it by oath or affirmation. The sample form has a block for a notary or other attesting official.
3. File it and pay. Pay the filing deposit and the cost of serving each defendant (see the fees section).
4. Have the defendant served. A copy of the verified statement is served personally, by leaving it at the defendant’s home with someone of suitable age and discretion who lives there, or by delivering it to an agent authorized to receive service. Outside the county, service is by second original under O.C.G.A. §9-10-72. A person authorized to serve process in superior court, a constable, or a specially appointed adult who is not a party can serve it, and a private server files an affidavit of the time and place (§15-10-43(b)).
5. Wait for the answer. The defendant must file the answer, or give it orally to the judge or clerk, within 30 days after service. Counting starts the day after service. If the last day is a Saturday, Sunday or legal holiday, the answer is due the next regular business day (§15-10-43(c); Uniform Magistrate Court Rule 33).
6. Watch for the notice of hearing. If an answer is filed or given, the court has ten days to notify both sides that a hearing is called. The hearing must be 15 to 30 days after the notice is given, and the mailing date counts as the date given (§15-10-43(c)).

The Code’s sample notice tells a defendant to bring witnesses, books, receipts or other writings, and to see the court at once if witnesses need to be summoned. Total time from filing to judgment depends on service and each county’s calendar.

Default Judgments

A defendant who does not answer within 30 days is in default. What happens next depends on timing:

• Within 15 days of default: the defendant can open the default by filing an answer and paying costs (O.C.G.A. §15-10-43(d)).
• After those 15 days: the plaintiff is entitled to a default judgment without further proof when the claim is for liquidated damages, meaning a set amount. For unliquidated damages the plaintiff must prove the amount. The defendant gets separate notice of that hearing and may submit evidence on the amount of damage only (§15-10-43(d)).
• Paperwork: Uniform Magistrate Court Rule 43.1 has the party seeking default judgment certify the date and type of service, that proof of service was filed, and that no defensive pleading was filed. The certificate goes with the proposed judgment.
• No-show at the hearing: a defendant who answered but does not appear can have the answer stricken and a default judgment entered, unless the defendant appears at trial through counsel (§15-10-43(e)(1)).
• Opening a default later: before final judgment the court may, in its discretion and on payment of costs, let a default be opened for providential cause, excusable neglect or where the judge finds a proper case has been made. The defendant must show it under oath, set up a meritorious defense, offer to plead instanter (right away) and announce ready for trial (§15-10-43(f)). After judgment, relief is by written motion under §15-10-43(g).

For appeals from a default judgment, see the appeals section.

If You Are Sued

A defendant has 30 days after service to answer (see the steps above). The Code’s sample notice warns that a default judgment will be entered if you do not answer. The answer may be written, or given orally in person to a clerk or judge, who writes it down and has you sign it (Uniform Magistrate Court Rule 34.1). It must admit or deny the claim and give an address for the hearing notice, and it need not be verified (O.C.G.A. §15-10-43(c)).

A counterclaim is your own claim against the plaintiff. The rules:

• A claim from the same transaction or occurrence as the plaintiff’s, which does not need third parties the court cannot get jurisdiction over, must be asserted at or before the hearing or it is barred (§15-10-45(a)).
• Other counterclaims may be asserted at or before the hearing (§15-10-45(b)).
• A counterclaim is a signed statement in concise form with no verification. The judge or clerk can prepare it at your request (§15-10-45(c)).
• When a counterclaim is larger than the magistrate court’s limit, the case is transferred to a court of the county with a higher limit, or to the superior court when there is none (§15-10-45(d); Rule 36.1).

If you agree you owe the money but need time, the sample notice says you must come to the hearing in person and state the circumstances. When judgment is about to be entered and you ask, the judge must inquire fully into your earnings and financial status. The judge has discretion to stay entry of judgment, stay execution, and order partial payments over a period that assures a steady reduction of the judgment (§15-10-46(a)).

The plaintiff can ask the judge to collect those payments at the plaintiff’s expense, up to 10 percent of each payment (§15-10-46(b)). If you ask to pay through the court instead, Rule 44.1 lets the judge charge 10 percent of each payment, not less than $1.00 and not more than $10.00.

The Hearing

The trial is held on the day set for the hearing, or at a later time the judge sets. The hearing has no jury (O.C.G.A. §15-10-41(a)).

Before the trial, the judge counsels the parties to make an earnest effort to settle by conciliation. If they do not, the hearing goes forward on the merits. The judge conducts it to do substantial justice between the parties under the rules of substantive law, and the rules on pleading and procedure are read liberally (§15-10-44(a), (b)).

If someone does not appear:

• Plaintiff absent: the action may be dismissed for want of prosecution, the defendant may proceed to a trial on the merits, or the case may be continued (§15-10-44(c)).
• Both absent: the judge may continue the case, dismiss it, or make another proper disposition as justice requires (§15-10-44(c)).
• Defendant absent: the default rules above apply.

Two provisions address a plaintiff’s no-show dismissal, and they read differently. Section 15-10-43(e)(3) says the court may dismiss the complaint with or without prejudice, in its discretion. Section 15-10-41(b)(2) says a dismissal for want of prosecution is without prejudice, except that a second dismissal operates as an adjudication on the merits, and it treats a plaintiff’s voluntary dismissal the same way. Because the readings differ, a no-show carries real risk for a plaintiff.

Appealing a Georgia Small Claims Court Judgment

Georgia’s name for an appeal to a state or superior court is a petition for review (Title 5, Chapter 3 of the Code). For an ordinary judgment, a party may take the appeal to the state court or the superior court of the county, and the Code calls it de novo (O.C.G.A. §15-10-41(b)(1)). The reviewing court decides the case again instead of only checking the record. Default judgments follow a different path, described below.

The petition must be filed with the clerk of the reviewing court within 30 days after the final judgment is filed or recorded, whichever occurs first (§5-3-7(b)). It carries:

• a caption and the title “Petition for Review to Superior Court” or “Petition for Review to State Court”;
• a statement identifying the judgment, its date and the lower court’s case number;
• a concise statement of the judgment appealed, and a note on any recording or transcript;
• your contact details.

A missing item is an amendable defect (§5-3-7(e), (f)). Serve a copy on every party and on the lower court within five days after filing (§5-3-7(g), (h)).

Unless the law prohibits it, filing the petition suspends the judgment but does not vacate it (§5-3-17(a)). No supersedeas bond is required unless the reviewing court requires one, and any bond cannot exceed the damages, fines, fees, penalties and surcharges the lower court imposed (§5-3-17(b), (c)(1), (e)). You need not pay all magistrate court costs to file, but the petition will not be heard unless you pay the unpaid costs within 30 days after notice of them or file an affidavit of indigence (§5-3-16(a), (b)).

A de novo review is heard without a jury unless the reviewing court orders one and the law authorizes it. A jury demand is due in the reviewing court within 30 days after the petition is filed (§5-3-5(b), (c)).

Default judgments and want-of-prosecution dismissals

Section 15-10-41(b)(2) says no appeal lies from a default judgment or from a dismissal for want of prosecution after a plaintiff’s nonappearance. The same paragraph still gives a route:

• Review, including review of a denial of a postjudgment motion to vacate a judgment, is by petition for review to the state court or superior court of the county.
• If the reviewing court reverses a default judgment, or reverses a refusal to open one, the magistrate court keeps jurisdiction to hear the merits de novo.
• The paragraph does not say the review itself is de novo. Under §5-3-5(a), unless the law provides otherwise, the reviewing court generally looks only at the record from the magistrate court, accepts its findings of fact and credibility unless clearly erroneous, and reviews questions of law fresh.

In the magistrate court itself, a default can be opened (see the default section), and relief from a judgment is sought by written motion (§15-10-43(g)).

A frivolous petition carries a cost: reasonable attorney’s fees and expenses may be assessed for frivolous actions or defenses in a petition for review, as provided in O.C.G.A. §9-15-14 (§5-3-20).

Collecting a Judgment

A judgment is a court order, not a payment. The general laws and rules for enforcing money judgments in superior court also govern magistrate courts, except where the law provides otherwise (O.C.G.A. §15-10-47(a)). The main tools follow.

The writ of fieri facias and the lien

Enforcement runs through an execution, called a writ of fieri facias (fi. fa.). The person who requests the writ pays $4.00, charged with or before issuance but not before judgment is entered (§15-10-80(c)). When the magistrate court issues an execution, the clerk transmits a copy to the superior court clerk, who enters it on the general execution docket right away, without any action by you in fi. fa. (§15-10-47(b)). The superior court clerk’s recording fee is collected with the issuance. The Code does not state it; Gwinnett’s and Chatham’s fee pages each list $25.00.

The docket entry controls the lien. A money judgment obtained in the county of the defendant’s residence creates a lien on the defendant’s property, against good-faith third parties without notice, only when the execution is entered on the execution docket, and the lien dates from that entry (§9-12-81(b)). For a judgment obtained outside that county, the lien reaches property in another county only if the execution is entered on the general execution docket of the defendant’s county of residence within 30 days of the judgment. A later entry dates the lien from the later date (§9-12-82).

A judgment can also go dormant, which means it cannot be enforced. That happens when seven years pass after judgment before the execution is entered on the general execution docket, or when seven years pass without the later entries or notices of public effort the statute requires. Each qualifying entry starts a new seven-year period (§9-12-60(a), (b)).

Questions to the debtor

Post-judgment interrogatories are written questions the debtor must answer under oath. For a judgment from the same magistrate court, you file the Code’s form with the clerk with costs of $10.00, and the debtor is served by certified mail or statutory overnight delivery (§15-10-50(b)). The debtor has 30 days to answer, and you may also use the discovery provisions of §9-11-69 (§15-10-50(d), (g)).

Garnishment

Garnishment in magistrate court follows Chapter 4 of Title 18 (O.C.G.A. §15-10-49(b)). To start a wage garnishment after you win:

1. The plaintiff, the plaintiff’s attorney or the plaintiff’s agent signs an affidavit stating that the plaintiff has a judgment against a named defendant, the amount remaining due, the court that rendered the judgment and the case number (§18-4-3(a)).
2. The affidavit is filed with the clerk of a court that has jurisdiction over garnishment proceedings and sworn before an authorized officer, a notary public, or the clerk or deputy clerk. The clerk then issues a summons of garnishment (§18-4-3(b)).
3. The summons is served on the garnishee, the person who holds the defendant’s money, such as an employer or a bank. The garnishee must answer by the 45th day after service, or the 15th day for a financial institution. A garnishee that does not answer is in default and can open the default by answering within 15 days of default and paying costs (§18-4-21, §18-4-22).
4. If no claim or traverse (a formal objection) is filed within 20 days after the garnishee’s answer, and the garnishee has paid money to the court, the clerk pays it to the plaintiff on application (§18-4-20(a)(1)).

Ask the clerk for the garnishment forms and the current fee.

The weekly cap on wages is the lesser of 25 percent of the defendant’s disposable earnings for that week (15 percent if the judgment arose from a private student loan) or the amount by which the week’s disposable earnings exceed $217.50 (§18-4-5(a)(2)). The U.S. Department of Labor’s Fact Sheet 30 describes disposable earnings under the federal garnishment law as the amount of earnings left after legally required deductions, such as federal, state and local taxes and the employee’s share of Social Security and Medicare. Some earnings and property may be exempt. The Attorney General keeps a list of exemptions, which each clerk who issues garnishment summonses must provide on request (§18-4-6).

Interest

A Georgia judgment bears annual interest at the Federal Reserve’s published prime rate on the day the judgment is entered plus 3 percent. If the judgment is on a written contract that states an interest rate, the judgment carries that rate instead. The interest is collectable as part of the judgment, whether or not the judgment mentions it (O.C.G.A. §7-4-12(a) to (c)).

Georgia Filing Deadlines for Common Claims

Georgia sets different deadlines for different claims, so check your claim type and the date it accrued before you file. Examples from the Code: simple written contracts, six years after the claim becomes due and payable, except sales of goods and negotiable instruments (O.C.G.A. §9-3-24); open accounts, contracts not under the hand of the party sought to be charged, and implied promises, four years (§9-3-25); contracts for the sale of goods, four years (§11-2-725(1)); injuries to personal property, four years (§9-3-31); injuries to the person, two years, with exceptions (§9-3-33). Our statute of limitations table by state covers the wider picture.

Georgia Security Deposit Claims

A tenant seeking a deposit back brings a claim judged by Georgia’s security deposit statute. The landlord must return the deposit within 30 days after obtaining possession of the premises. Possession is tied to §44-7-33(b), which runs from the end of the lease and the tenant’s vacating or surrendering the premises (O.C.G.A. §44-7-34(a); §44-7-33(b)(1)). The landlord may not keep a deposit for ordinary wear and tear that occurred without negligence, carelessness, accident or abuse by the tenant, the household or their guests. To keep part of it, the landlord must give the tenant a written statement of the exact reasons, with the comprehensive list of damages, and pay the difference.

The statute also limits the tenant. Before the tenant pays a deposit, the landlord must present a comprehensive list of existing damage, and the tenant may inspect to check it. A tenant who refuses to sign that list must state specifically in writing the items disputed (§44-7-33(a)). After move-out the landlord compiles a final damage list, and the same dissent rule applies (§44-7-33(b)(1)). A tenant’s lawsuit is limited to the items the tenant specifically dissented to. A tenant who is present at the inspection and signs the final list, or fails to dissent specifically, cannot recover the deposit or other damages under §44-7-35, as long as the lists carry written notice of the duty to sign or dissent. A tenant who did not inspect the premises after vacancy, or was not present for the landlord’s inspection, and did not request a copy of the final list keeps the right to dispute the damages the landlord assessed (§44-7-33(c)).

Section 44-7-35(a) lists conditions under which a landlord may not keep any part of a deposit: the deposit was not escrowed or bonded, the initial damage list was not made and presented, and the final damage list was not compiled and made available. A landlord who fails to return part of a deposit that was due is liable for three times the amount improperly withheld plus reasonable attorney’s fees, unless the landlord proves by a preponderance of the evidence that the withholding was not intentional and resulted from a bona fide error despite procedures reasonably designed to avoid it (§44-7-35(c)). A landlord who misses the time periods for the lists and statements forfeits the right to withhold any part of the deposit or to sue the tenant for damage to the premises (§44-7-35(b)). Since 1 July 2024 a landlord may not demand or receive a deposit above the equivalent of two months’ rent (§44-7-30.1). Our security deposit demand letter template can start the claim.

Common Mistakes to Avoid

• Treating the $22 filing-deposit cap as the whole cost. Your county’s total is what you pay.
• Letting the answer deadline pass. A late answer means paying costs.
• Raising a venue or service problem after the answer. Rule 35 treats it as waived.
• Leaving out a counterclaim from the same transaction. It is barred if you do not assert it by the hearing.
• Treating a default judgment like an ordinary judgment. The Code says no appeal lies from one, so open the default or move to vacate first.
• Waiting to have the execution entered on the docket. The lien dates from the entry, and an unenforced judgment can go dormant.

How Georgia Compares With Other States

In our 2026 table of the other 50 jurisdictions, six have a higher small claims limit than Georgia (Delaware, Minnesota, Tennessee, Texas, Utah and West Virginia), two have the same (Idaho and North Dakota), and 42 have a lower one. Neighbors range from $6,000 in Alabama and $7,500 in South Carolina to $8,000 in Florida, $10,000 in North Carolina and $25,000 in Tennessee. See every jurisdiction in our small claims limits and fees table.

Frequently Asked Questions

What is the limit in Georgia small claims court?

Georgia magistrate courts hear claims up to $15,000 now. For actions filed on or after January 1, 2027, the limit is $25,000 under HB 999.

How much does it cost to file in Georgia small claims court?

It depends on the county. Gwinnett, Cobb and Chatham list $53.00 to $60.50 to file, plus $50.00 to serve each defendant. For Fulton and DeKalb, ask the clerk.

Do I need a lawyer in Georgia small claims court?

No. The Code’s sample notice says you may come with or without an attorney, and an employee may represent a corporation or other legal entity before the court.

How long does a defendant have to answer in Georgia small claims court?

30 days after service, counted from the day after service. The answer can be written or given orally to the judge or clerk.

What happens if the defendant does not answer?

The defendant is in default. The default can be opened by filing an answer and paying costs within 15 days of default. After that, the plaintiff can get a default judgment.

Can I appeal a Georgia small claims court judgment?

Yes, by a petition for review to the state or superior court, filed within 30 days after the judgment is filed or recorded. Default judgments differ: the Code says no appeal lies from one, but it provides review by petition for review, including of a denied motion to vacate. Open the default or move to vacate first.

ClearLegalTips

ClearLegalTips is an independent publisher of plain-English legal guides, free document templates, and cost calculators for common U.S. legal tasks. Every article is reviewed by founder and editor Fatih Öztürk and fact-checked against official sources: statutes, court fee schedules, and government filing pages. Not a law firm; nothing here is legal advice.