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Georgia · Filing guide · Magistrate Court

How to file a small claims case in Georgia, step by step

Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.

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Before you file

1–3 weeks before filing

Georgia doesn't require a demand letter before you sue, but sending one is a good idea.

Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.

In Georgia you can sue for up to $15,000 in the Magistrate Court.

Run the 60-second case check to see the last day you can file.

  • Your full name, address and phone
  • The defendant's exact legal name and a street address where they can be served (not a P.O. box)
  • The amount you're asking for and how you got that number
  • The date the problem happened
  • A short plain description of what happened
  • Proof you asked for payment, if you did

Use the registered name and serve the registered agent at the listed address.

Search: Georgia Corporations Division Business Search.

  • The contract, lease, invoice or receipt
  • Photos of the damage, dated if possible
  • Texts, emails and letters with the other side
  • Two written repair estimates or proof of what you paid
  • Your demand letter and proof it was sent
  • Names and contact details of any witnesses

Fill in the claim

1–2 evenings

MAG 10-01: Statement of Claim, signed under oath with the defendant's last known address. Ask the court clerk or check your court's website.

  • Who: you and the defendant, with full legal names and addresses
  • What: the agreement or event, in 2–4 plain sentences
  • When: the date it happened
  • How much: the exact amount (no more than $15,000) and how you calculated it
  • What you did: when you asked for payment and their response

The Statement of Claim must be signed under oath, in front of the clerk or a notary.

Bring the original and one copy for each defendant, plus one for yourself.

File and pay

Filing day

Choose how you'll file:

OnlineSome courtsMany counties, including Gwinnett, DeKalb and Fulton, accept Magistrate Court claims online. eFileGA or PeachCourt, depending on the county
In personFile the Statement of Claim with the Magistrate Court clerk in the defendant's county and pay the fee, which usually includes service.
By mailSome courts accept filings by mail; call the clerk to confirm the fee.

Usually the Magistrate Court of the county where the defendant lives. A business is usually sued where its registered office is. Many counties accept e-filing.

Fees vary by county. Most courts charge one price covering filing and service on one defendant, recently about $95 to $115. Each extra defendant costs about $10 to $60 more. Check your county clerk's current fee list. Can't afford it? Ask for a fee waiver: Affidavit of Indigence (pauper's affidavit); most counties have their own form.

You get a case number; the sheriff or marshal serves the defendant, who then has 30 days to answer.

Serve the defendant

Right after filing

The sheriff, a marshal or constable, or a court-appointed adult who isn't part of the case delivers the papers to the defendant or leaves them with a suitable adult at their home.

The defendant has 30 days after service to answer, in writing or in person at the clerk's office.

Return or affidavit of service

The sheriff or marshal files the return; a private server files an affidavit of service.

Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.

Before the hearing

1–4 weeks before

The defendant must answer within 30 days, in writing or in person at the clerk's office, and can add a counterclaim.

If you settle, file a dismissal or a consent judgment with the clerk.

Get any settlement in writing, signed by both sides, with the amount and payment date.

A witness who saw what happened is stronger than a written statement; some judges won't accept letters.

Ask the clerk for a subpoena for a witness.

  • Three copies of every document: for you, the judge and the defendant
  • A one-page timeline of what happened, with dates
  • A short sheet showing how you calculated the amount
  • Photos printed or ready on your phone (ask the clerk if screens are allowed)

The hearing

Hearing day

  • Some counties send cases to mediation first
  • A judge decides; there's no jury
  • Arrive 30 minutes early and check in with the clerk or bailiff
  • Bring three copies of every document and your evidence in date order
  • Bring your witnesses, or a subpoena if they won't come voluntarily
  • Turn your phone to silent; dress neatly

What to say, in about two minutes
  1. Who you are and what you're asking for: the amount.
  2. What the agreement or situation was.
  3. What went wrong, with dates.
  4. What it cost you and how you calculated it, showing your documents.
  5. That you asked for payment and what they said.

Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.

If the defendant doesn't answer, the case goes into default and you can ask for a judgment. If you don't come to the hearing, your case can be dismissed.

After the judgment

Weeks to months

Either side can appeal within 30 days to the county's State Court or Superior Court for a completely new trial, with a jury if wanted. A default judgment can't be appealed this way.

After a contested judgment, wait 10 days, then ask for a writ of fieri facias (fi.fa.) and record it to create a lien. Then garnish wages or a bank account or ask the sheriff to levy property.

Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.

Free help in Georgia

Georgia Legal Aid

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