Georgia Small Claims Court: Limits, Fees & Process
Researched by the LawLintel Data Team · Sources verified 2026-08-24
- Claim limit
- $15,000claims and counterclaims; no limit in some landlord-tenant dispossessory matters
- Filing fee
- ≈$45–$60 + $25–$50 service per defendantcounty-set — e.g., DeKalb $104 + $35 service
- Attorneys
- Allowed (not required)
- Court
- Magistrate Court
Georgia's magistrate courts — the state's small claims forum — hear civil claims up to $15,000, with no jury and simplified procedure. Filing typically costs about $45–$60 plus $25–$50 per defendant for service, though county totals vary (DeKalb County, for example, charges $104 to file plus $35 per defendant).
Every Georgia county has a magistrate court, attorneys are optional, and hearings are informal. Appeals changed in 2025: review now goes by petition to the State or Superior Court within 30 days under Georgia's revised appellate statutes, where a jury trial can be requested.
Costs & fees
| Item | Amount | Type |
|---|---|---|
| Filing feeDeKalb County: $104 including add-ons | ≈$45–$60 (county-set) | Official fee |
| Service | $25–$50 per defendant | Official fee |
| Counterclaim over $15,000case transfers to State/Superior Court | transfer | Official fee |
Requirements
| Requirement | Rule |
|---|---|
| Limit | $15,000 for claims and counterclaims (dispossessory exception) |
| Venue | County where the defendant resides |
| Answer | Defendant answers within 30 days of service (written or oral) |
| Appeal | Petition for review to State/Superior Court within 30 days (2025 revisions, O.C.G.A. § 5-3-3 et seq.) |
The process, step by step
- File the statement of claim. File in the defendant's county of residence; pay the filing and service fees (poverty affidavit available).
- Service. Sheriff or constable serves each defendant; the 30-day answer clock starts.
- Hearing. If an answer is filed, the court sets an informal bench hearing — typically within 60 days. No answer → default judgment available.
- Judgment and collection. Fi. fa. (writ of execution), garnishment and liens are pursued through the same or superior courts.
Forms & where to file
Magistrate Court of the county where the defendant resides.
Frequently asked questions
What is the small claims limit in Georgia?
$15,000 for claims and counterclaims in magistrate court. Landlord-tenant dispossessory actions have no dollar limit.
How much does it cost to file in magistrate court?
Roughly $45–$60 to file plus $25–$50 per defendant for service in most counties; some metro counties bundle higher totals (DeKalb: $104 + $35 service).
Do I need a lawyer in magistrate court?
No — the court is designed for self-represented parties, and there are no juries. Attorneys are permitted.
Can I appeal a magistrate court judgment?
Yes — within 30 days, by petition for review in the State or Superior Court of the county under the 2025 appellate revisions; a jury can be requested there.
Related information
Sources & verification
- Georgia Magistrate Council ($15,000 jurisdiction)
- Georgia AG Consumer Protection Division — magistrate court
Official fees and statutory rules above are traceable to the listed authorities; figures marked as estimates are LawLintel editorial estimates, not government fees. Laws and fees change — last verified 2026-08-24. See our methodology and legal disclaimer.
LawLintel provides general legal information, not legal advice. Laws, rules, procedures and fees change and can depend on your specific facts and county. Verify important information with the applicable court or a qualified attorney before acting.