Filing a Georgia Small Claims Case in Magistrate Court

Filing a small claims case in Georgia means filing in magistrate court, the court that hears small claims in Georgia in each of the state’s 159 counties. This article covers the filing steps in order: confirming the claim fits, choosing the county, completing the Statement of Claim, paying the fee, and serving the defendant. The procedure is set by the magistrate court chapter of the Georgia Code and is built for people representing themselves.

Confirm your claim belongs in magistrate court

Magistrate court hears civil claims for money where the amount demanded does not exceed $15,000, under O.C.G.A. § 15-10-2(5). The cap counts the principal amount claimed and does not include interest, court costs, or attorney’s fees recoverable as a separate item.

A plaintiff seeking more than $15,000 has two paths. One is to waive the excess and file in magistrate court for the maximum the statute allows. The waiver is permanent: the amount given up cannot be sued for later, even in a separate case. The other is to file in State Court or Superior Court, where larger claims are heard, the procedure is more formal, and attorneys are typical.

Magistrate court also has no authority to order non-money remedies in a civil claim. It cannot grant an injunction, order specific performance of a contract, or decide title to real property. A claim that needs one of those remedies belongs in Superior Court regardless of the dollar amount.

Choose the right county

A magistrate court case is generally filed in the county where the defendant lives at the time the case is filed. Several situations widen the choice: claims against multiple defendants who live in different counties, claims involving real property, claims against corporations, and claims against out-of-state defendants who caused an injury in Georgia. The venue rules and their exceptions are covered in the Georgia magistrate court reference.

Venue matters at filing because service interacts with it. Under O.C.G.A. § 15-10-43(b), service is made within the county where the case is filed; a defendant who lives in another county is served by “second original” sent to that county’s court. Filing in a county with no connection to the defendant or the dispute gives the defendant a basis to move for transfer or dismissal, which costs the plaintiff time and the filing fee.

Complete the Statement of Claim

Georgia magistrate court does not use the word “complaint.” A case is commenced by filing a Statement of Claim under O.C.G.A. § 15-10-43(a), a short document that names the parties, gives the defendant’s last known address, states the amount, and briefly describes why the defendant owes it. The plaintiff signs and verifies it under oath. At a party’s request, the judge or clerk may prepare the Statement of Claim and the other papers required to file.

The statutory form of the Statement of Claim appears in O.C.G.A. § 15-10-48. The verification states that the amount claimed is “a just and true statement of the amount owing by defendant to plaintiff, exclusive of all setoffs and just grounds of defense.” Most counties supply their own preprinted Statement of Claim form that follows this statutory language; the form is available from the county magistrate court clerk.

1. Name the parties correctly

   Use legal names and current addresses. An individual sues in their own name. A business is named in the legal name of the owner along with any trade name, or in the legal name of the corporation or partnership. Getting the defendant’s legal name right matters later: a judgment that does not match the name on the defendant’s bank account or wages is harder to collect.

2. State the amount and the basis

   Item by item, state how much the defendant owes and give a short, concrete reason. “$2,400 for unpaid invoices dated March 3 and April 1, 2026” gives the defendant reasonable notice of the basis for the claim; “money owed for work” does not.

3. Verify and sign under oath

   The plaintiff or the plaintiff’s agent signs the Statement of Claim under oath before a notary or an attesting court official, swearing the stated amount is just and true after setoffs. An unverified Statement of Claim can be rejected at filing.

File the claim and pay the fee

The Statement of Claim is filed with the magistrate court clerk in the chosen county. Filing fees are set at the county level and vary, but as of 2026 they generally fall in the $50 to $80 range for a civil claim, with the cost of service charged separately based on the method used. Each county publishes its current fee schedule through its magistrate court office.

Georgia has no numbered statewide fee-waiver form. The fee-waiver mechanism is an affidavit of indigence under O.C.G.A. § 9-15-2, sometimes called a pauper’s affidavit. A party who swears under oath that indigence prevents payment is relieved from paying the deposit, fee, or other costs, and proceeds as if the costs had been paid. Another party can contest the affidavit, and the court can review it and order payment if it finds the costs can be paid.

Some Georgia counties accept electronic filing of magistrate court documents, which the magistrate court chapter of the Georgia Code authorizes but does not require statewide. Availability varies by county; the county magistrate court office confirms whether in-person, mail, or electronic filing applies. When the clerk accepts the filing, the court issues a summons for service on the defendant.

Serve the defendant

A defendant who has not been properly served cannot be required to answer or attend, and a judgment entered without valid service is not enforceable. O.C.G.A. § 15-10-43(b) sets out how service is made in a magistrate court civil case:

• Personal delivery of a copy of the verified Statement of Claim to the defendant.
• Leaving a copy at the defendant’s dwelling or usual place of abode with a person of suitable age and discretion who lives there.
• Delivery to an agent the defendant has authorized, by appointment or by law, to receive service.

Service is performed by the sheriff or another officer authorized to serve process in superior court, by a constable, or by any adult who is not a party to the case and is specially appointed by the magistrate for that purpose. When a private individual serves the papers, that person files proof of service by affidavit stating the time and place of service.

After you file: answer, default, and hearing

The defendant has 30 days from service to file an answer under O.C.G.A. § 15-10-43(c). The answer can be written or given orally to the judge or clerk, admits or denies the claim, and does not have to be verified. When an answer is filed, the court sets a hearing within ten days and gives notice of a hearing date that falls not less than 15 nor more than 30 days after the notice. There is no jury; O.C.G.A. § 15-10-41(a) provides that magistrate court hears civil cases without one.

If the defendant does not answer within 30 days, the case is in default under O.C.G.A. § 15-10-43(d). The defendant can open the default by filing an answer and paying costs within 15 days. After that window, a plaintiff with a claim for liquidated damages (an amount fixed by an invoice, note, or contract) can take a default judgment without further proof. For unliquidated damages, the plaintiff must appear and prove the amount of the loss.

A counterclaim the defendant files can change the court. A counterclaim within the $15,000 limit stays in magistrate court; one above the limit moves the case to State or Superior Court. A magistrate court judgment can be appealed for a new trial, called a de novo appeal, in the State or Superior Court of the county under O.C.G.A. § 15-10-41(b), though no appeal lies from a default judgment.