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How to File in Small Claims Court in Georgia

A practical filing guide for small claims cases in Georgia. Designed for self-represented claimants. Not a law firm and not legal advice.

Verified
Source checked: 2026-04-29

Georgia Magistrate Court civil claims may seek up to $15,000. Filing and service fees vary by county; defendant answer is due within 30 days after service and default may be requested after the 45th day.

Official source
Filing Fee
Varies by county and service
Max Claim
$15,000
Court
Magistrate Court
Statute
OCGA §15-10-2

Step-by-Step Filing Instructions

1

File a sworn Statement of Claim in Magistrate Court, usually in the county where the defendant resides

2

Identify the defendant's correct legal name and service address before filing

3

Pay the county-specific filing and service fees or request a fee waiver if available

4

Serve the defendant through the sheriff, marshal, or other authorized process server

5

If no answer is filed within 45 days after service, request default judgment

Required Forms

  • -Statement of Claim
  • -Summons

How to Serve the Defendant

Served by marshal, sheriff, court-approved process server, or other person authorized under Georgia law. Defendant answer is due within 30 days after service; default may be requested after the 45th day if no answer is filed.

Tips for Winning in Georgia

-Bring ALL documentation - contracts, invoices, texts, emails, photos
-Arrive early and dress professionally
-Be concise - judges hear dozens of cases per day
-Stick to facts, not emotions
-Bring copies of everything (one for you, one for the judge, one for the defendant)
-Know the limit - current display: $15,000. Verify with the court source before filing.
-Send a demand letter first to document the claim before escalating

Frequently Asked Questions

Do I need a lawyer for small claims court in Georgia?

CollectNow is designed for self-represented claimants. It is not a law firm and does not provide legal advice.

How long does the process take?

From filing to hearing, typically 30-60 days in Georgia. Many cases settle before the hearing after receiving the demand letter.

What if I win but they still don't pay?

You can use enforcement tools like wage garnishment, bank levies, and property liens to collect. CollectNow provides all these documents.

Can I sue someone in Georgia if they live in another state?

Generally, you must file in the state where the defendant lives or where the transaction/incident occurred.

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