Georgia Small Claims in Magistrate Court: An Overview

Filing a claim in the Georgia Magistrate Court, the court handling small claims matters in Georgia can be a straightforward and inexpensive way to settle a dispute. But you must follow the rules to prevail.

Below are answers to some common questions about the Georgia Magistrate Court process. You'll learn about preparing and presenting your case, appealing a small claims decision, and collecting a money judgment. You'll also find links to additional small claims information at the end of the article.

How Does Georgia Small Claims Court Work?

A small claims case starts by filing a claim with the Georgia Magistrate Court. You'll serve a copy of the claim and court date on the "defendant," the person or company you're suing.

At the trial, you'll present evidence supporting your case. In response, the defendant could present a defense to your action or, if the defendant filed a crossclaim, submit evidence proving you owe the defendant money.

The judge will issue a money judgment to whoever proves they're entitled to an award. The money judgment allows the creditor to collect using property liens, wage garnishments, bank account levies, and property seizures.

What's the Small Claims Dollar Limit in the Georgia Magistrate Court?

You can ask for up to $15,000 in a small claims action in the Georgia Magistrate Court. Plaintiffs with claims exceeding the limit can use small claims court if they're willing to accept the $15,000 cap. Otherwise, they must file in a higher court. (Ga. Code § 15-10-2 (2025).)

Can a Landlord Bring an Eviction Lawsuit in a Georgia Small Claims Court?

Yes, evictions are heard in the Georgia Magistrate Court. But eviction lawsuits are not subject to the $15,000 limit described above; there's no dollar limit on eviction cases filed in Magistrate Court. (Ga. Code § 15-10-2 (2025).)

Which Georgia Magistrate Court Should I File My Small Claims Action in?

Georgia Magistrate Court is an excellent forum for cases typically brought in small claims courts, such as property damage cases and breach of contract disputes. Georgia has many Magistrate Courts, but you can't always pick the most convenient location. You must choose the proper court location, or venue. Otherwise, the defendant can ask the court to transfer or dismiss your action. In Georgia, you can file in the county where:

• the defendant resides
• an unincorporated business is physically located, or
• a corporation's registered agent is located (to locate that information, go to the Georgia Secretary of State's business search tool).

You might have other options, depending on your case. Most courts post venue rules on the court website.

How Much Time Do I Have to File a Case in Small Claims Court in Georgia?

You don't have an unlimited amount of time to file a lawsuit. You'll have to bring it within the statute of limitations period for the case type. But pinning down how much time you have to file isn't always as simple as reading the statute of limitations.

The time can stop and restart depending on various circumstances, and figuring out when it expires can be challenging. The process is known as "tolling" the statute of limitations, and it happens when a plaintiff or defendant is unavailable for a lawsuit. For instance, the personal injury statute won't begin running on a minor's injury until the child reaches 18 years of age and can sue without the help of a guardian. Learn more about calculating the statute of limitations and whether it's too late to sue.

Can an Attorney Represent a Small Claims Claimant in Georgia Magistrate Court?

Yes. In Georgia, lawyers can appear on behalf of small claims plaintiffs. But you aren't required to hire a lawyer. (Georgia Uniform Magistrate Court Rule 7 (2025).)

Small claims court is more relaxed and easier to navigate than higher courts, and most people are comfortable pursuing claims "in pro per," or without counsel.

Does the Defendant Need to Answer the Small Claims Complaint?

Yes. A defendant must file a response to the complaint within 30 days to prevent the plaintiff from winning an automatic default judgment. The response can either be in person or in writing. (Ga. Code § 15-10-43 (2025).)

Learn more about what happens if you get sued in small claims court.

Will I Have a Judge or Jury Trial in Small Claims Court in Georgia?

A judge will hear your case in a Magistrate Court small claims hearing. Jury trials aren't allowed. (Ga. Code § 15-10-41 (2025).)

How to Prepare and Present a Georgia Magistrate Court Case

You'll want to explain what happened and present evidence supporting your version of the events and the amount of money lost.

What Do I Need to Prove in My Small Claims Case?

It will depend on the type of case. In most instances, you'll need to prove that the person you're suing harmed you and the amount of money it will take to right the situation. Research the "elements" of your case type to determine exactly what you must prove.

Tip. One of the most important things people forget to do is prove how much they're out of pocket. For instance, you'll likely provide medical bills if you were injured and repair estimates if you suffered property damage. Make sure you can prove how much it will take to fix the problem.

What Type of Evidence Should I Present in Small Claims Court?

If you're suing someone who didn't comply with a written contract, you'll need copies of the contract and any correspondence exchanged. You might also want to present photos of shoddy work or damaged property.

If someone witnessed an event, bring them in. You might also need expert testimony to establish the defendant caused the problem if it isn't something that can be inferred. For instance, only a medical professional can testify about the cause of an illness or injury, and you'd need a mechanic to verify most automotive repairs. Check with the court to see if you can provide a statement made under oath if the person is unavailable or charges too much for in-person testimony.

Learn about gathering evidence in support of your small claims case.

How Should I Organize My Small Claims Presentation?

After providing the judge with a short case description, you'll likely present the facts chronologically. If you're afraid you'll forget something or are worried you'll ramble on, write out your presentation and read it when it's your turn. However, you'll likely make a better impression if you speak naturally, using a bullet point list for reference when needed. Either way, practicing beforehand is the key to a polished presentation.

Also, it's best to cover each point concisely yet fully, with as little emotion as possible. You'll also want to avoid jumping in if the other side says something incorrect. Instead, make a note and address it when it is your turn to speak.

After the Trial: Collecting the Judgment and the Appeals Process

The court might announce the winner immediately after the trial, but it's more likely that you'll find out who prevailed by mail. Your next steps will depend on whether you win or lose.

Will the Court Collect My Judgment for Me?

No. You'll be responsible for all collection efforts. Before pursuing a small claims court case, you'll want to evaluate whether the defendant has assets you can seize after winning the case. A debtor with nothing you can take is called "judgment proof," and pursuing an action won't make sense unless the debtor acquires property and income in the future.

Learn more about determining whether you can collect before suing in small claims court.

Can State Exemption Laws Stop Me From Seizing the Defendant's Property?

Yes. Every state allows debtors to protect essential property from creditors, such as household goods, a percentage of income, and some equity in a car and home, although the specific property protected varies greatly. You'll find these protections in your state's exemption statutes. In most states, the same exemptions protect assets from creditors in and outside bankruptcy.

Learn more about why you shouldn't sue unless you can collect the judgment.

Can I Appeal a Georgia Magistrate Court Decision?

Georgia law allows either party to appeal the judge's decision, but the deadline to file depends on the type of case. For eviction cases, you must file an appeal within seven days after the date the judgment was entered in the Magistrate Court. For all other civil cases, you must appeal within 30 days after the final judgment of a Magistrate Court is:

• signed and notice of the final judgment has been provided to all parties, if the Magistrate Court does not have a clerk, or
• filed or recorded, whichever happens first, if the Magistrate Court has a clerk.

Georgia law does not allow appeals for cases that resulted in a default judgment or that were dismissed because the plaintiff did not appear for trial.

(Ga. Code §§ 5-3-7, 15-10-41, 44-7-56 (2025).)

You must comply with these rules and all other ones, so be sure to do your research and count the days accurately. The rules can get complicated, so you might want to consult a local attorney to make sure that you don't miss the filing deadline that applies to your case.

How to Find More About Georgia Small Claims Court

The Georgia Attorney General's Consumer Protection Division's Magistrate Court webpage provides helpful information on the small claims court process. You can also read Georgia law online. See, especially, Ga. Code §§ 5-3-7; 15-10-1; 15-10-2; 15-10-40 to 15-10-54; 15-10-80; 15-10-87; 44-7-56.

For detailed help with case filing, court strategy, and collecting a money judgment, see Everybody's Guide to Small Claims Court by Attorney Cara O'Neill (Nolo). And Nolo's small claims homepage is a great place to start if you have other questions.