Georgia is one of the few states whose court system does not use the phrase “small claims court.” Civil cases that other states call small claims are filed in the county magistrate court, which exists in every Georgia county. This reference covers the rules, vocabulary, and procedural framework that apply to those cases. Specific procedures, how to fill out a Statement of Claim, what to bring to the hearing, how to enforce a judgment after winning, are covered in the linked articles further down.
What magistrate court covers
Georgia’s magistrate courts are statutorily created trial courts of limited jurisdiction under Title 15, Chapter 10 of the Official Code of Georgia Annotated. Each of Georgia’s 159 counties has one magistrate court, headed by a chief magistrate, with one or more additional magistrates serving depending on population.
Magistrate court handles several distinct case types. The civil docket, what most people mean by “small claims”, covers money disputes up to $15,000 under O.C.G.A. § 15-10-2(5). Beyond civil claims, magistrate court hears dispossessory proceedings (landlord-tenant evictions), garnishment actions to collect on judgments, distress warrants, county ordinance violations, bad-check warrants, and warrant applications and preliminary hearings in criminal matters.
This hub is about the civil claims side. The procedural articles linked at the end cover filing, service, hearing, judgment, and post-judgment enforcement in civil claims. Dispossessory and garnishment have separate procedures and are covered in their own articles.
Key terms in Georgia magistrate court
A handful of terms recur throughout magistrate court procedure. Most are common across Georgia courts but carry a specific meaning in this context.
Statement of claim. Georgia’s magistrate court does not use the word “complaint.” The starting document is the Statement of Claim, a one- to two-page form that names the parties, states the amount sought, and gives a short description of why the defendant owes it.
Answer. The defendant’s response to the Statement of Claim. The deadline to file an answer is 30 days after service in magistrate court, the period set by the magistrate court chapter of the Georgia Code.
Default. When a defendant has been properly served and fails to answer within 30 days, the case is in default. The plaintiff can then ask the court to enter judgment without a trial, though the magistrate may still require a brief showing of proof on the amount claimed.
De novo appeal. An appeal from magistrate court runs to the State or Superior Court of the same county and is heard from scratch, not as a review of what the magistrate did. The case is retried with new evidence and, if either party requests one, a jury. Cornell’s Legal Information Institute has a general entry on de novo review.
Dispossessory. Georgia’s term for an eviction action. Dispossessory cases use a separate procedure and a shorter answer period (7 days) than ordinary civil claims.
Pro se. Latin for “for oneself.” Magistrate court is designed for pro se parties, those representing themselves without an attorney. Lawyers are allowed but not required.
The $15,000 jurisdiction limit and what it includes
As of 2026, O.C.G.A. § 15-10-2(5) caps magistrate court civil jurisdiction at $15,000, exclusive of interest, costs, and attorney’s fees recoverable as a separate item. The limit applies to the principal amount the plaintiff is asking the court to award. The same cap appears throughout the magistrate court provisions of the Georgia Code.
A plaintiff seeking more than $15,000 has two options. The first is to waive the excess and file in magistrate court for the maximum allowed under § 15-10-2(5). Waiving is permanent: the unrecovered amount cannot be sued for later, even in a separate case. The second option is to file in State Court (general civil jurisdiction up to any amount in most counties) or Superior Court, where the procedure is more formal and attorneys are typical.
The court has no authority to grant non-money remedies in the civil docket. Magistrate court cannot order an injunction, force specific performance of a contract, or quiet title to real property. Cases that need any of those remedies belong in Superior Court regardless of the dollar amount involved.
Where to file: choosing the county
Georgia’s general civil venue rules apply to magistrate court cases. Under O.C.G.A. § 9-10-31, the default venue for an action against a Georgia resident is the county where the defendant lives at the time the case is filed. Several exceptions widen the choice.
Cases against joint defendants who live in different counties can be filed in any county where one of them resides. Cases involving real property are filed in the county where the property is located. Cases against corporations are filed where the corporation maintains its registered agent or where the cause of action arose. Cases against nonresidents who caused a Georgia injury (motor vehicle accidents are the most common example) may be filed where the injury occurred, subject to Georgia’s long-arm statute under O.C.G.A. § 9-10-91.
A case filed in the wrong county is subject to transfer or dismissal on motion of the defendant. The Georgia Uniform Transfer Rules, applied under Title 9 of the Georgia Code, allow a court that lacks proper venue to transfer the case to the right county rather than dismiss it, though the plaintiff bears the cost of transfer.
Within the chosen county, magistrate court is centralized: one court for the whole county, usually located at or near the county courthouse. Filing locations, business hours, and accepted payment methods vary among counties. The Georgia Judicial Council’s citizen-services portal is a starting point for locating a specific county magistrate court.
How a case moves through magistrate court
From filing to judgment, a Georgia magistrate court civil claim follows a recognizable sequence.
The plaintiff files the Statement of Claim, pays the filing fee, and indicates how the defendant will be served. The clerk issues a summons. The defendant is then served, personally by the sheriff, by a private process server, or by certified mail where the county allows it, under O.C.G.A. § 9-11-4 of the Civil Practice Act.
The defendant has 30 days from the date of service to file an answer. The answer can be a short written denial; magistrate court does not require formal pleadings with numbered paragraphs. The 30-day period is set under the magistrate court chapter of the Georgia Code.
If the defendant answers, the clerk sets a hearing date, typically 30 to 60 days out. At the hearing, both sides present evidence to the magistrate. There is no jury. The magistrate may rule from the bench or take the case under advisement. Written judgment is entered within a reasonable time, often within a week.
Filing fees vary by county and by amount claimed but are generally in the range of $50 to $80 for civil claims as of 2026. Service fees are charged separately and depend on the method used. Counties publish current fee schedules through their magistrate court pages and the Georgia Courts forms and records portal.
Defendants, answers, and counterclaims
A defendant in magistrate court has three substantive choices after being served.
First, the defendant can answer, denying the plaintiff’s claim and stating any affirmative defenses. Magistrate court does not require a formal written answer under Title 15 of the Georgia Code; a short letter to the court explaining the defendant’s position is accepted as an answer.
Second, the defendant can file a counterclaim. A counterclaim is the defendant’s own claim against the plaintiff, asserted in the same case. Magistrate court can hear counterclaims up to the $15,000 jurisdictional limit set by O.C.G.A. § 15-10-2. A counterclaim above $15,000 automatically removes the case to State or Superior Court, where the higher court’s procedure governs the rest of the litigation. Some defendants assert larger counterclaims specifically to obtain a jury trial and the higher court’s discovery rules.
Third, the defendant can do nothing. After 30 days without an answer, the case is in default and the plaintiff can seek judgment without a trial under the default rules in Title 9.
Pro se representation is the norm in magistrate court. Corporate defendants are a notable exception: under Georgia case law, corporations and LLCs generally must appear through licensed counsel rather than through an officer or owner. Some magistrate courts apply this rule less strictly for small closely held entities pursuing or defending low-dollar claims, but the safer assumption is that a business will need an attorney to participate.
Default judgments
When the defendant fails to answer within 30 days of service and the plaintiff has filed proper proof of service, the case is in default under Title 9 of the Georgia Code. Default is not automatic. The plaintiff has to request entry of default judgment, and the magistrate must find that the defendant was properly served and that the answer period has run.
For liquidated damages, amounts that can be calculated from documents like invoices, loan statements, or written contracts, the magistrate can enter default judgment on the Statement of Claim and supporting paperwork. For unliquidated damages, amounts that require evidence of value, like the diminished value of a damaged vehicle, the magistrate typically holds a brief default hearing where the plaintiff presents proof of the loss.
A defendant who has had a default judgment entered can move to open the default. O.C.G.A. § 9-11-55 allows opening default for “providential cause” or “excusable neglect” if the motion is filed within 15 days of the default. After judgment is entered, the standard is narrower; the defendant must move to set aside the judgment on more limited grounds.
A default judgment is enforceable the same way as any other magistrate court judgment. The plaintiff can record the judgment as a fi. fa. (writ of fieri facias) and pursue garnishment, levy, or other collection remedies available under Georgia law.
Appeals and removal to State or Superior Court
Magistrate court judgments are appealable, but the appeal mechanism is unusual: the case is heard de novo in the State or Superior Court of the same county, not on a review of what the magistrate did. The higher court starts the case over, with new evidence and the option of a jury trial if either party demands one.
The appealing party has 30 days from the date of judgment to file a notice of appeal in the magistrate court, the period set by Title 15 of the Georgia Code. The appellant pays the appeal cost, separate from the original filing fee, and posts a bond for the judgment amount if the prevailing party requests one. The case is then transferred to the State or Superior Court and proceeds under that court’s rules.
Once in the higher court, the case is treated as a new filing. The original Statement of Claim and answer carry forward, but the discovery rules, motion practice, and rules of evidence of the higher court apply going forward. Attorneys are common at this stage. Many defendants who lose in magistrate court appeal not because they expect a different outcome on the facts but because the higher court’s procedural protections, broader discovery, stricter evidence rules, and the right to a jury, change the dynamics of the case.
Removal before judgment works similarly. If a counterclaim or affirmative defense raises an issue outside magistrate court’s jurisdiction, a request for an injunction, for instance, or a counterclaim exceeding $15,000 under § 15-10-2, the case is removed to State or Superior Court before trial. A party who wants more formal procedure can sometimes achieve it without waiting for an appeal.
Frequently asked questions
Is magistrate court the same as small claims court?
Functionally yes. Magistrate court is the Georgia court where the civil claims most people call “small claims” are heard. Georgia statutes in [Title 15 of the Georgia Code](https://www.legis.ga.gov/laws/title-15) do not use the phrase “small claims court,” but most county websites and self-help materials use “magistrate court” and “small claims” interchangeably for civil cases under the $15,000 limit. The formal name in the Georgia court system is magistrate court.
Can a business file in magistrate court?
Yes, within the $15,000 limit set by [O.C.G.A. § 15-10-2](https://www.legis.ga.gov/laws/title-15). Sole proprietors can represent themselves. Under Georgia case law, corporations and LLCs are generally required to appear through licensed counsel, though some magistrate courts allow an owner-officer to represent a small closely held entity for low-dollar claims. The application of this rule varies among counties, so a business plaintiff or defendant typically checks with the specific magistrate court before filing.
How long does a magistrate court case take?
A contested case typically reaches a hearing 60 to 120 days after filing, depending on the county’s docket and how quickly the defendant is served under the [Civil Practice Act in Title 9](https://www.legis.ga.gov/laws/title-9). Cases that resolve by default, where the defendant does not answer, can be over within 60 to 90 days from filing. Appeals to State or Superior Court add several months to a year because the case starts over in the higher court with that court’s discovery and motion practice.
Are jury trials available in magistrate court?
No. Magistrate court hears all civil cases without juries under [Title 15 of the Georgia Code](https://www.legis.ga.gov/laws/title-15). A party who wants a jury trial has two paths: remove the case to State or Superior Court before judgment by raising an issue outside magistrate court’s jurisdiction, or appeal the magistrate’s judgment and request a jury in the de novo appeal. The right to a jury is one of the most common reasons a magistrate court case moves to State Court.
What if the defendant lives in a different state?
Georgia’s [long-arm statute, O.C.G.A. § 9-10-91](https://www.legis.ga.gov/laws/title-9), allows a Georgia court to hear cases against nonresident defendants who have a sufficient connection to Georgia, typically because the contract was performed in Georgia, the injury occurred in Georgia, or the defendant transacted business in Georgia. Service on a nonresident must comply with both Georgia’s long-arm statute and the rules of the state where the defendant is served, which usually involves hiring a process server licensed in that state.
Can a judgment from another state be enforced in Georgia magistrate court?
Foreign (out-of-state) judgments are not enforced through magistrate court directly. A judgment from another state must first be domesticated under Georgia’s Uniform Enforcement of Foreign Judgments Law in [Title 9 of the Georgia Code](https://www.legis.ga.gov/laws/title-9), which is filed in Superior or State Court, not magistrate court. Once domesticated, the judgment can be enforced through Georgia’s collection procedures, which include garnishment actions that magistrate court does hear.
Specific procedures and topics
Additional procedures in this area will be linked here as they are published.