Georgia Small Claims Court: $15,000 Limit, Fees and How to File

In Georgia, small claims cases are heard in magistrate court, and you can currently sue there for up to $15,000. The Official Code of Georgia (O.C.G.A.) § 15-10-2(a)(5) gives magistrate court civil claims where "the amount demanded or the value of the property claimed does not exceed $15,000.00."

That figure is about to change. House Bill 999 (2026) raises the limit to $25,000 for cases filed on or after January 1, 2027. This guide walks through a Georgia magistrate court case from filing to collection; for other states, see our guide to small claims court by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers civil money claims in Georgia magistrate court under O.C.G.A. § 15-10-2(a)(5) and § 15-10-80 (as amended by House Bill 999 of 2026), the Uniform Magistrate Court Rules, and the procedure, appeal, interest and dormancy statutes as they read in the 2025 Official Code of Georgia. It does not cover dispossessory (eviction) cases, garnishment cases filed by creditors, criminal matters, cases in state or superior court, or small claims in other states.

Georgia small claims limit: $15,000 now, $25,000 from 2027

Georgia does not have a separate court called "small claims court." The Georgia Attorney General's consumer protection office describes magistrate court as "also called small claims court," and the Council of Magistrate Court Judges calls it the people's court.

The dollar limit depends on the date your case is filed:

House Bill 999 rewrites paragraph (5) of § 15-10-2 to replace $15,000.00 with $25,000.00. Its Section 4(b) says that change "shall become effective on January 1, 2027, and shall apply to any actions filed on or after such date." The bill text appears in the Governor's 2026 signed-legislation files.

Two details trip people up:

• Exactly $15,000 fits. The statute says the amount must not exceed $15,000.00, so a claim for exactly $15,000 is within the limit. The Attorney General's consumer page uses looser "less than $15,000" wording, but the statute controls.
• The limit did not change on July 1, 2026. House Bill 999 also rewrote the magistrate court fee statute, and that part took effect July 1, 2026. The higher dollar limit waits until January 1, 2027.

If your claim is over the limit. The sources we verified for this page do not say whether you can split one claim into several cases or give up the amount over the cap to stay in magistrate court. Ask the clerk before you try either, and assume that any amount you leave out of the case may be gone for good.

If your claim is between $15,000 and $25,000, you may be tempted to wait for January 1, 2027. Waiting only works if your claim is still within its filing deadline then. Check the Georgia statute of limitations for your type of claim, or use our statute of limitations calculator.

What you can sue for, and who can file

The Council of Magistrate Court Judges describes magistrate court as handling claims of $15,000 or less without requiring an attorney. Common disputes include unpaid loans, bad repairs, unpaid invoices and property damage. If your dispute is a security deposit a landlord kept, read the deposit rules in Georgia landlord-tenant laws before you file, so your claim matches what the law requires of the landlord.

Some limits we could not confirm against current official text for this page, including the rules for minors, for debt buyers and collection agencies suing on assigned accounts, and the advance notice required before suing a Georgia city, county or state agency. Ask the clerk if any of those apply to you.

Claims against the federal government are different. If a federal employee's negligence damaged your property or injured you, federal district courts have exclusive jurisdiction over that claim (28 U.S.C. § 1346(b)(1)), and you must first present the claim in writing to the federal agency (28 U.S.C. § 2675(a)), generally within two years (28 U.S.C. § 2401(b)). That is not a magistrate court case.

How to file a claim

You start a case by filing a statement of claim with the magistrate court. Under O.C.G.A. § 15-10-43(a) and Uniform Magistrate Court Rule 32, the plaintiff (or an agent) signs the statement and verifies it under oath, and the judge or clerk may help prepare it on request.

You do not have to file in person. Rule 32 allows a civil case to be filed by mail if the statement is verified before a notary or other attesting official, and it states: "No magistrate court shall refuse to accept such mail filings."

The Council of Magistrate Court Judges posts statewide magistrate court forms and tutorials on its website, and its forms usage alert explains how to use them, including what to redact.

Which county. Under the Georgia Constitution, a civil case is generally tried in the county where the defendant resides, and venue for corporations is "as provided by law" (Ga. Const. Art. VI, Sec. II, Para. VI). The Council of Magistrate Court Judges advises that you can sue a business in the county where its agent for service lives or where it does business. If you are unsure, ask the clerk before filing. Uniform Magistrate Court Rule 36 provides for a case filed in the wrong county to be transferred to another magistrate court, with the filing fee sent along.

Filing fees

The magistrate court fee statute, O.C.G.A. § 15-10-80, was rewritten by House Bill 999 with effect from July 1, 2026. It sets these charges:

The $22.00 deposit is not what you will pay in total. House Bill 999 added subsection (e) to § 15-10-80, which treats sums collected under other statutes, including O.C.G.A. § 15-23-7, as charged in addition to the deposit. Totals therefore differ by county, so ask your county's magistrate court for its current fee before you file.

Costs follow the result. Under § 15-10-80(d), "As between the parties, costs shall be taxed against the losing party."

If you cannot afford the fees. Georgia magistrate courts recognize orders allowing a plaintiff to proceed in forma pauperis, meaning as a person who cannot afford court costs; Uniform Magistrate Court Rule 36.4(E) requires a transferee court to honor such an order. Ask the clerk how to request that status.

Do you need a lawyer?

No lawyer is required. The Council of Magistrate Court Judges describes magistrate court as handling these claims without requiring an attorney, and you may still hire one if you want.

Businesses can appear through their own people. Uniform Magistrate Court Rule 31 provides: "Any officer or full-time employee of a corporation, sole proprietorship, partnership or unincorporated association may be designated by such entity as agent for purposes of representing it in civil actions to which it is a party in magistrate court." The designated person must show their status by sworn affidavit or supporting documents.

The rule's list does not name limited liability companies, but the magistrate court statute provides that nothing in it prohibits an employee of "any corporation or other legal entity" from representing that entity (O.C.G.A. § 15-10-43(i)). Expect the clerk to ask for proof of the person's status.

Serving the defendant

The defendant must be formally served with your statement of claim. You pay the actual cost of serving each defendant when you file, capped at the sheriff's fee (O.C.G.A. § 15-10-80(b)).

The claim must be handed to the defendant personally, left at their home with a resident of suitable age and discretion, or delivered to an agent authorized to receive service (O.C.G.A. § 15-10-43(b)). Service is made by an official authorized to serve superior court process (such as the sheriff or marshal), a constable, or a non-party adult the judge specially appoints; a defendant in another county is served through a second original (§ 15-10-43(b)). The Council of Magistrate Court Judges warns that if the marshal or sheriff does not succeed, it is up to you to hire a process server, because "No service means no lawsuit." Give the court a correct name and address for the defendant.

If you are the defendant

Do not ignore the papers. By statute, you have 30 days after service to answer, in writing or orally to the judge or clerk (O.C.G.A. § 15-10-43(c)); the Council of Magistrate Court Judges' forms usage alert notes that dispossessory cases allow only 7 days. As the Federal Trade Commission puts it, "respond and don't ignore the lawsuit."

Raise problems with the case early. Under Uniform Magistrate Court Rule 35, "Objections to sufficiency of process, service of process, personal jurisdiction or venue must be raised at the time of filing the answer or are waived."

Sued by a debt collector? Federal law requires a debt collector suing a consumer to sue only where the consumer signed the contract or lives when the case is filed (15 U.S.C. § 1692i(a)(2)). The FTC also advises that if you are sued on a debt that is past its statute of limitations, you should "tell the judge that the statute of limitations has run out."

Military service. Before a court enters judgment for a plaintiff against a defendant who has not appeared, federal law requires the plaintiff to file an affidavit stating whether the defendant is in military service (50 U.S.C. § 3931(b)(1)).

The hearing

Bring everything that proves your claim: the contract or agreement, receipts, invoices, estimates, photos, texts and emails, and any witnesses who saw what happened. The Council's website links tutorials on magistrate court cases.

If the defendant answers, the court must notify both sides within 10 days, setting a hearing 15 to 30 days after the notice (O.C.G.A. § 15-10-43(c)). A judge, not a jury, decides the case (§ 15-10-41(a)), and before the trial the judge will counsel the parties to make an earnest effort to settle (§ 15-10-44(a)). We could not confirm which rules of evidence apply; call the clerk if anything in your notice is unclear.

Appeals and setting aside a default

Either side can appeal a magistrate court judgment entered after a hearing to the state court or superior court of the same county, where the case is heard again from the beginning (a de novo appeal) (O.C.G.A. § 15-10-41(b)(1)). You do this by filing a petition for review with the clerk of that court within 30 days after the judgment is filed (O.C.G.A. § 5-3-7(b)). The appeal will not be heard until you pay the magistrate court costs within 30 days of being notified of them, or file an affidavit that you cannot afford them (O.C.G.A. § 5-3-16(b)). There is no appeal from a default judgment or from a dismissal because the plaintiff did not appear (O.C.G.A. § 15-10-41(b)(2)).

If you miss the 30-day answer deadline, you are in default, but you can open the default by filing an answer and paying the costs within 15 days of the default (O.C.G.A. § 15-10-43(d)). After that, the judge may still open it before final judgment for providential cause or excusable neglect, if you make the showing under oath, set up a meritorious defense and pay costs (§ 15-10-43(f)). Once a judgment is entered, you can ask the magistrate court to set it aside by written motion on the same grounds a state court would allow (§ 15-10-43(g)). A default judgment cannot be appealed, but a denial of a motion to vacate a judgment is reviewed by petition for review to the state or superior court of the county (§ 15-10-41(b)(2)).

Collecting your judgment

Winning a judgment does not guarantee payment, and the court does not collect for you. If the defendant does not pay, you ask the court for a writ of fieri facias (often called a fi. fa.), which lets you use Georgia's execution process.

• Writ fee. The writ costs $4.00 (O.C.G.A. § 15-10-80(c)), paid by the person who requests it when it is issued.
• Recording. When the writ issues, the magistrate court sends a copy to the clerk of superior court for the general execution docket and collects that clerk's recording fee from you up front.
• Garnishment. The FTC explains that a debt collector "must first sue you to get a court order," called a garnishment, to take money from a paycheck, and "can get a court order to take money from your bank account." For ordinary debts, federal law caps wage garnishment at the lesser of 25% of weekly disposable earnings or the amount above 30 times the federal minimum hourly wage (15 U.S.C. § 1673(a)). Try our wage garnishment calculator for an estimate.

Some income is protected. Social Security benefits are not subject to "execution, levy, attachment, garnishment, or other legal process" (42 U.S.C. § 407(a)), and VA benefits are exempt from creditors' claims (38 U.S.C. § 5301(a)(1)). Georgia protects other property as well; see Georgia debt collection laws for state exemptions and garnishment rules.

A Georgia judgment earns annual interest at the prime rate published by the Federal Reserve on the day the judgment is entered, plus 3 percent, unless it is based on a written contract that specifies its own rate (O.C.G.A. § 7-4-12(a), (b)). A judgment becomes dormant and cannot be enforced if seven years pass after it is entered before a writ of fieri facias is issued and entered on the county's general execution docket; after that, each recorded levy entry or recorded notice of a public effort to enforce it starts a new seven-year period (O.C.G.A. § 9-12-60(a), (b); § 15-10-47(a) applies these superior court rules to magistrate court). Do not let an unpaid judgment sit.

Forms and official help

• Council of Magistrate Court Judges: statewide magistrate court forms, tutorials and a link to a free forms generator.
• Council forms usage alert: redaction, the answer deadline and how the forms state the dollar limit.
• Uniform Magistrate Court Rules (Supreme Court of Georgia, April 1, 2023 edition).
• House Bill 999 (2026): the $25,000 limit for cases filed from January 1, 2027, and the July 1, 2026 fee statute.
• Georgia Attorney General Consumer Protection Division: overview of magistrate court for consumers.

Related

• Small claims court by state
• Georgia statute of limitations
• Georgia debt collection laws
• Georgia landlord-tenant laws
• Florida small claims court
• North Carolina small claims court

Disclaimer: This article provides general legal information about Georgia magistrate court civil claims under O.C.G.A. §§ 15-10-2 and 15-10-80, House Bill 999 (2026), the Uniform Magistrate Court Rules and other Georgia statutes cited above (2025 Code text), verified on 2026-10-07. It is not legal advice and does not create an attorney-client relationship. For help with your situation, contact your county's magistrate court, a legal aid office, or a lawyer licensed in Georgia.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small claims limit in Georgia?

$15,000 for cases filed in magistrate court through December 31, 2026 (O.C.G.A. § 15-10-2(a)(5)). For cases filed on or after January 1, 2027, House Bill 999 raises the limit to $25,000.

Can I sue for more than $15,000 in small claims in Georgia?

Not in a case filed in 2026; magistrate court claims cannot exceed $15,000. A case filed on or after January 1, 2027 can be for up to $25,000 under House Bill 999, Section 4(b).

When does the $25,000 Georgia small claims limit start?

House Bill 999 says the change takes effect January 1, 2027 and applies to actions filed on or after that date. The fee changes in the same bill took effect earlier, on July 1, 2026.

How much does it cost to file in Georgia magistrate court?

O.C.G.A. § 15-10-80(a) caps the filing deposit at $22.00, but other statutory sums are charged in addition, so the total varies by county. Service on each defendant is extra.

Do I need a lawyer for Georgia small claims court?

No. The Council of Magistrate Court Judges says magistrate court handles these claims without requiring an attorney, and Uniform Magistrate Court Rule 31 lets a business designate an officer or full-time employee to represent it.

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

The Council of Magistrate Court Judges says 30 days in most cases (7 days in dispossessory cases). Objections to service, jurisdiction or venue must be raised in the answer or they are waived (Uniform Magistrate Court Rule 35).

Can I file a Georgia small claims case by mail?

Yes. Uniform Magistrate Court Rule 32 allows mail filing when the claim is verified before a notary or other attesting official, and no magistrate court may refuse a mail filing.

How long do I have to appeal a Georgia magistrate court judgment?

30 days after the judgment is filed, by filing a petition for review with the clerk of the state or superior court of the county, where the case is heard de novo (O.C.G.A. §§ 15-10-41(b)(1), 5-3-7(b)). A default judgment cannot be appealed (§ 15-10-41(b)(2)).

Does a Georgia magistrate court judgment earn interest, and how long does it last?

Yes. It earns annual interest at the Federal Reserve prime rate on the day of entry plus 3 percent, or the rate in a written contract (O.C.G.A. § 7-4-12). It becomes dormant if seven years pass without a writ of fieri facias being issued and recorded, or later without a recorded levy or enforcement notice (O.C.G.A. § 9-12-60).