Georgia doesn't actually have a court named "small claims." What everyone means by small claims court in Georgia is Magistrate Court: a county-level civil court that hears disputes up to $15,000 with no jury, no formal discovery, and a hearing that arrives in weeks rather than years. If your business is owed money, or someone claims your business owes them, this is probably the courtroom where that fight happens. Here's the whole process, start to finish.
What Georgia magistrate court can (and can't) hear
O.C.G.A. § 15-10-2 gives magistrate courts jurisdiction over civil claims where the amount demanded doesn't exceed $15,000. Every county in Georgia has one. The same statute hands these courts a few other jobs that matter to business owners: garnishment proceedings, dispossessories, and the foreclosure of liens on abandoned motor vehicles under Georgia's Abandoned Motor Vehicle Act, which is why dealers and towing operators see this courtroom more than most.
The $15,000 cap is a hard jurisdictional line, and court costs don't count against it. If your claim is worth more, you have two options: file in state or superior court, or voluntarily cap your recovery at $15,000 and stay in magistrate. Plenty of businesses make that trade on purpose.
Shaving $2,000 off a $17,000 claim can be worth it when the alternative is a year of formal litigation.
Where to file: the venue rules
You file where the defendant is, not where you are. For an individual, that means the magistrate court of the county where they live. For a corporation or LLC, it's generally the county of the company's registered office (O.C.G.A. § 14-2-510), the address on file with the Secretary of State. Contract claims can also be filed where the contract was made or performed, if the company has an office and does business there.
Get this right before you pay a filing fee. Suing in the wrong county means weeks lost to a dismissal or transfer while the other side gets organized, and the deadline math on your underlying claim keeps running.
Filing the statement of claim, and what it costs
A magistrate case starts with a statement of claim: a short, plain description of who owes you what and why. O.C.G.A. § 15-10-43 requires it to be "in concise form and free from technicalities," you sign it under oath, and in most counties the clerk will help you prepare it. No formal complaint, no legal citations required.
Fees vary by county, so pull your courthouse's schedule before you go. In metro Atlanta the current range runs about $60 to $105 to open a case: Fulton charges $60 plus $8 for each additional defendant, Gwinnett $60, and DeKalb $104. Having the marshal or sheriff serve the papers adds roughly $35 to $50 per defendant on top.
Service starts the 30-day answer clock
The court doesn't just mail your opponent a courtesy copy. The statement of claim must be formally served: personally, at the defendant's home with a resident of suitable age, or on a registered agent. Service is what starts the clock, and under O.C.G.A. § 15-10-43 the defendant has 30 days from that date to answer, in writing or even orally to the judge or clerk.
No answer within 30 days puts the case in default. Georgia builds in one escape hatch: for 15 days after the default, the defendant can open it by filing an answer and paying the accrued costs. After the cure window closes, the plaintiff is entitled to judgment, with a damages hearing only if the amount isn't a fixed sum. If your business is the one that got served, the deadline is the entire ballgame, and we wrote a defense-side walkthrough for exactly that situation: sued in Georgia small claims court.
Counterclaims can flip the case
The answer is also where claims come back the other way. Under O.C.G.A. § 15-10-45, a counterclaim arising from the same transaction is compulsory: the defendant must raise it at or before the hearing or lose it. Unrelated counterclaims may be raised too. And if a counterclaim exceeds $15,000, the whole case transfers up to a court that can hear it, which means a magistrate suit can turn into formal litigation on the defendant's terms.
That cuts both ways for a business owner. Before you sue a customer or vendor, run the full ledger of the relationship, not just the invoice you're angry about. Plaintiffs get surprised in this courtroom regularly.
What the hearing actually looks like
There's no jury; O.C.G.A. § 15-10-41 puts every magistrate case in front of a judge. There's no formal discovery either, so the case runs on whatever each side can carry into the room. Once an answer is filed, the statute directs the court to send a hearing notice within ten days, with the hearing set 15 to 30 days out. Metro dockets don't always hit that pace, but even a slow county measures this process in months.
Preparation is everything, because the hearing itself is often under an hour. Bring the contract, the invoices, the texts and emails in time order, and witnesses with firsthand knowledge, in person. A business doesn't need a lawyer to appear: the statute expressly lets an officer or employee represent a corporation or other entity in magistrate court. Whether you should walk in without advice is a different question, and it mostly depends on what's at stake and who's on the other side.
Appeals: 30 days, then a fresh start
Either side can take the case up. Since July 1, 2023, that's done by filing a petition for review in the state or superior court of the same county within 30 days of the judgment (O.C.G.A. § 5-3-7 replaced the old notice-of-appeal procedure). The magistrate result carries no weight in the new court: the case is heard de novo, meaning a completely fresh trial. One exception matters enormously: a default judgment can't be appealed, which is one more reason the 30-day answer deadline is the most important date in the whole case.
Collecting: a judgment is not a check
Winning gets you a piece of paper, and Georgia gives you tools to turn it into money. A writ of fieri facias (everyone says "fi. fa.") is the execution document; record it on the county's General Execution Docket and it becomes a lien against the debtor's property in that county. Magistrate court also has garnishment jurisdiction under O.C.G.A. § 15-10-2, so you can reach bank accounts and wages through the same courthouse. None of it is automatic. Judgments get collected by the parties who keep pushing.
How to use this court well
Magistrate court is Georgia's fastest and cheapest civil forum, and it rewards the party who respects it: right county, clean statement of claim, every deadline on the calendar, paper trail organized before the hearing. If a magistrate dispute touches your company, whether you're chasing an invoice or answering a claim, our business law team handles it: magistrate defense comes standard with The Driveway membership, and a $500 Strategy Session prices the advice sensibly for a forum capped at $15,000.
Frequently Asked Questions
How much can you sue for in small claims court in Georgia?
Up to $15,000, the jurisdictional cap O.C.G.A. § 15-10-2 sets for civil claims in magistrate court. If you're owed more, you can either file in state or superior court or voluntarily limit your recovery to $15,000 to stay in the faster forum. The same ceiling applies to counterclaims; a bigger counterclaim moves the whole case up.
How much does it cost to file a small claims case in Georgia?
In metro Atlanta, expect roughly $60 to $105 to open the case, plus about $35 to $50 per defendant for service. Fulton charges $60 plus $8 for each additional defendant, Gwinnett charges $60, and DeKalb charges $104. Fees vary by county, so check your courthouse's schedule before you file.
How long does a Georgia small claims case take?
Usually a few months from filing to judgment, which makes magistrate court the fastest civil forum in Georgia. Once an answer is filed, the statute directs the court to send a hearing notice within ten days and set the hearing 15 to 30 days out. Busy metro dockets often run past that pace, but the case still moves in months, not years.
What happens if the defendant doesn't answer the claim?
The case goes into default, and the plaintiff becomes entitled to a default judgment. O.C.G.A. § 15-10-43 gives the defendant a 15-day window to open the default by filing an answer and paying court costs. After that, judgment enters without the defendant's side ever being heard, though a hearing on the amount is still required when damages aren't a fixed sum.
Is there a jury or discovery in Georgia magistrate court?
No on both counts. O.C.G.A. § 15-10-41 bars jury trials in magistrate court, and the rules provide no formal discovery: no depositions, no interrogatories, no document requests. A judge hears the case, and each side shows up with whatever documents and witnesses it has.
This page shares general information about Georgia law, not legal advice, and reading it does not create an attorney-client relationship. For advice about your specific situation, schedule a Strategy Session. Some of our content is drafted with the assistance of AI tools and reviewed by our team before publishing. AI can make mistakes, so please verify important facts before relying on them. The information here was current as of August 14, 2026, the date this was published. Laws change, so it may not be current or accurate when you read it.