Georgia Small Claims

In Georgia, the Magistrate Court serves as the small claims court and provides a simpler way to resolve lower-value civil disputes without the expense and complexity of a full civil litigation. Georgia’s rules help consumers, tenants, landlords, contractors, and small businesses recover money, enforce contracts, and resolve disagreements efficiently, often without hiring an attorney.

In Georgia, Magistrate Courts hear cases involving replevin action and money claims, which allows you to represent yourself or hire an attorney without undergoing complex procedures.

What Is a Small Claims Court in Georgia?

Georgia’s Magistrate Courts handle small claims involving money disputes and replevins (return of personal property). This arises from certain issues (unpaid loans or invoices, workmanship/contract disagreements, security deposit conflicts, and minor property damages).

The process is designed to be formal, and parties are required to present a clear summary of their case with supporting documents (receipts, contracts, texts/emails, photos) along with relevant witnesses. Litigants may represent themselves or hire legal counsel; also, many courts support electronic filing to make the process more convenient.

Small Claims Court Limits in Georgia

In Georgia Magistrate Courts, judges handle civil claims involving up to $15,000 in principal (exclusive of court costs and interest). If the claim exceeds $15,000, the State or Superior Courts handle it; the $15,000 cap also applies to counterclaims.

Jury trials and appeals. Magistrate Courts do not conduct jury trials, but if a party requests a jury, the case may be transferred (on proper request) or appealed to State or Superior Court. Either party may demand a jury under statutory deadlines, and appeals are de novo (a case is heard from the beginning as if it were never tried) in the higher court.

How to File a Small Claims Case in Georgia

To begin a small claims action in Georgia, you may follow these procedures:

1) Confirm venue. Individuals may file a case in the county where the defendant resides (or as otherwise allowed by statute at the location where an organization or business is established). Anyone may visit their local Magistrate Court website, where they may access venue rules for in-person requests and filing instructions.

2) Prepare the pleading. The Statement of Claim (form MAG-10-01) is the document used for filing claims in the small claims court throughout the state. You are required to state the name of the defendant, the exact amount you are seeking, and a brief reason why you are owed.

3) File and pay fees. Filing fees vary, and certain counties, such as DeKalb, charge $54 to file a claim, including an additional $35 per defendant for service of process. Although in metro (large) counties, similar procedures apply, fee waivers may be available if you are facing financial constraints.

4) Serve the defendant. Before a hearing, the plaintiff is required to serve the defendant with a notice. Service may be executed by a sheriff/constable or an approved process server, and some courts provide detailed instructions about how to undergo this procedure. Furthermore, a Sheriff’s Entry of Service form may be requested by the court, including specific addresses for individuals or registered agents.

5) E-file where available. Many courts accept filings via the Odyssey eFileGA, while several courts have local e-filing portals and provide kiosks for in-person requests.

6) Representation. You may represent yourself (pro se) in court, and a business may be represented through an owner/officer/employee or attorney, depending on the local court rules.

Small Claims Court in Major Georgia Cities

• Atlanta (Fulton County Magistrate Court)---The court’s location is 185 Central Ave. SW, Suite TG-100, Atlanta, GA 30303.The Fulton County Magistrate Court offers electronic filing at public terminals and swearing of Statements of Claim.
• Decatur (DeKalb County Magistrate Court)---The court’s small claims page includes forms, FAQs, and the current fee schedule (individuals are required to pay $54 for filing documents and an additional $35 per defendant for service).
• Marietta (Cobb County Magistrate Court)—The Civil Division requires a Statement of Claims and Sheriff’s Entry of Service. The county also provides a Judicial Records Search portal for individuals who want to look up cases.
• Augusta (Richmond County Magistrate Court)—The local court provides information about the jurisdictional limit for filing cases in the Magistrate Court ($15,000). It also offers step-by-step instructions on filing procedures.

If you are filing elsewhere, you may consult the county Magistrate Court website for court addresses, business hours, fee schedules, and local forms.

What to Expect at a Small Claims Hearing in Georgia

Once you have filed your case and the defendant is properly served, the court may schedule a prompt hearing date. Although hearings are informal and managed by judges.

As a part of the process, magistrates may swear in both parties, take brief testimony, review submitted exhibits, and clarify the facts presented. While the rules of evidence are flexible, litigants are required to authenticate documents and organize exhibits for presentation.

• Judgment timing. Many magistrates issue a decision at a hearing or shortly after.
• Appeals. A party aggrieved by the judgment may file a de novo appeal to the State or Superior Court (individuals may confirm deadlines), and parties are often allowed a 30-day window based on appellate practice rules. In the higher court, either party may request a jury trial if it is done within the required timeframe.

Post-judgment collection. If the losing party does not pay a judgment voluntarily, the winner may pursue garnishment or a writ of fieri facias (Fi. Fa.) to register a lien and permit property levy. Court clerks provide forms and instructions to commence post-judgment proceedings.

How to Search for Small Claims Records in Georgia

Georgia does not maintain a centralized small-claims index where the public may view full dockets. Rather, access is provided via both local county portals and statewide tools:

1. County Portals (Official).
   • Cobb County: It provides a user-friendly guide to accessing records. Also, through the GSCCCA eCertification portal, individuals may find electronically certified copies of records. Cases decided both in the Superior and Magistrate Courts are available, and anyone may perform a search using a name or case number.
   • Gwinnett County: The central Case Search portal directs users to the Tyler Odyssey Portal. The public is where individuals may obtain Magistrate, State, Superior, and Probate records.
   • Fulton County: Clerk and Magistrate sites link to small claims info, payments, and records resources.
2. State “E-Access” Portal. The Judicial Council’s E-Access to Court Records page serves as a centralized hub to participating court record providers. Individuals may be required to create an account, and the availability of records varies by court.
3. In-person records: Individuals may visit or contact the Magistrate Court Clerk in the county of filing for certified copies or case materials that are not available online.

Requesters may view public registers of actions, which include case number, parties, filing date, events/hearings, and dispositions/judgments. On the other hand, sensitive information such as identifiers remains confidential and redacted by law.