If you have a dispute worth $15,000 or less — a security deposit your landlord won’t return, a contractor who took your money and disappeared, a car repair that made things worse — Georgia’s small claims court exists specifically for situations like yours.
No lawyer required. No complicated legal filings. Just show up with your evidence and tell your story to a judge.
Here’s exactly what you need to know.
The Short Answer
Georgia small claims court (Magistrate Court) handles civil disputes up to $15,000. The limit is $15,000 in Magistrate Court. Filing costs approximately $50–$100 depending on your claim amount. Most cases are resolved within 30–90 days.
Georgia Small Claims Court Limit
The limit is $15,000 in Magistrate Court.
This limit covers the total amount of money you’re asking for — not including court filing fees, which you can usually recover if you win.
If your claim is worth more than $15,000, you have two options:
- Reduce your claim to fit within the limit (you give up the rest permanently)
- File in a higher court (small claims or municipal civil court, depending on your county) — this usually means higher fees and a more formal process
How Much Does It Cost to File?
Filing fees in Georgia range from approximately $50–$100 depending on the amount you’re claiming. You pay this fee when you file. If you win, you can ask the court to order the defendant to reimburse your filing fee.
If you cannot afford the filing fee, you may qualify for a fee waiver. Ask the clerk about an “affidavit of indigency” or “waiver of fees” form.
What Cases Can You Bring to Small Claims Court?
Magistrate Court in Georgia handles:
- Unpaid debts — money owed to you under a contract or agreement
- Security deposit disputes — landlords who wrongfully withhold your deposit
- Property damage — someone damaged your car, property, or belongings
- Faulty goods or services — a contractor or business that didn’t deliver what was promised
- Returned checks — you can usually add a statutory penalty on top of the check amount
- Minor personal injury — small injury claims where the amount is within the limit
You cannot use small claims court for:
- Divorces or custody disputes
- Criminal matters
- Claims above $15,000
- Cases requiring injunctions (court orders to stop doing something)
Can You Have a Lawyer?
Georgia’s Magistrate Court handles most small claims. Attorneys are allowed. The court also handles dispossessory (eviction) cases.
Even where attorneys are allowed, most people represent themselves in small claims court. Judges are accustomed to non-lawyers and allow informal presentations. A well-organized binder of evidence often matters more than legal arguments.
How to File a Small Claims Case in Georgia
Step 1: Confirm You’re in the Right Court
Make sure your claim is:
- Worth $15,000 or less
- A civil (money) dispute, not a criminal matter
- Filed in the correct county (usually where the defendant lives or where the dispute occurred)
Step 2: Try to Resolve It First
Courts generally look favorably on plaintiffs who attempted to resolve the dispute before suing. Send the defendant a written demand letter giving them 14 days to pay or respond. Keep a copy. Send it via email (creates a timestamp) and certified mail (creates proof of delivery).
If you’ve already done this, proceed to Step 3.
Step 3: Complete the Court Forms
Visit your local Magistrate Court or download forms from their website. You’ll fill out a complaint form that asks for:
- Your name and contact information (plaintiff)
- The defendant’s full legal name and address
- The amount you’re claiming
- A brief description of why you’re owed this amount
Bring supporting documents: contracts, receipts, photos, text messages, emails, and anything else that supports your claim.
Step 4: File and Pay the Filing Fee
Submit your completed forms to the court clerk and pay the filing fee ($50–$100). The clerk will stamp your forms and assign you a case number and hearing date.
Step 5: Serve the Defendant
The defendant must be officially notified of the lawsuit. In most cases, the court handles this by certified mail. If certified mail fails, you may need to arrange for personal service by a process server or sheriff. Keep your proof of service — the case may be dismissed if the defendant wasn’t properly served.
Step 6: Prepare Your Case
Organize your evidence chronologically. Bring:
- Original documents (the court may keep copies)
- Photos or videos relevant to the dispute
- Written communications (texts, emails, letters)
- Witness testimony (witnesses must appear in person — written statements are often not accepted)
- Receipts and estimates for any claimed damages
Practice explaining your case clearly in 3–5 minutes. Focus on facts and amounts.
Step 7: Attend the Hearing
Arrive early. Dress professionally. When your case is called, address the judge as “Your Honor.” Present your evidence calmly and stick to the relevant facts. Let the judge guide the proceeding — small claims courts are informal by design.
Step 8: Collect Your Judgment
Winning in court is step one. If the defendant doesn’t pay voluntarily, you’ll need to enforce the judgment. Options typically include:
- Wage garnishment — having the defendant’s employer deduct payments
- Bank levy — seizing funds from the defendant’s bank account
- Property lien — placing a lien on real property they own
Collection requires additional steps and sometimes additional court filings. The court clerk can explain the options available in Georgia.
Key Statute
Georgia’s small claims procedure is governed by Ga. Code Ann. § 15-10-2. You can verify the current rules at Magistrate Court.
Real Situations in Georgia
Georgia Magistrate Court handles civil claims up to $15,000 — a relatively high limit that makes it genuinely useful for a wide range of disputes. Notably, Magistrate Court in Georgia handles both civil small claims and dispossessory (eviction) actions, so it’s a common venue for all landlord-tenant disputes. Security deposit cases, contractor fraud cases, and property damage claims are the most frequent types.
Georgia Magistrate Court proceedings are informal, with the magistrate (not a traditional judge) presiding. Evidence is presented conversationally, and the process is designed to be accessible to non-lawyers. However, Georgia Magistrate Courts in large counties (Fulton, Gwinnett, Cobb, DeKalb) process hundreds of cases per week, and proceedings can feel rushed. Being organized and concise is important.
For security deposit claims specifically, Georgia’s 3× damages plus attorney fees provision means that a $1,500 deposit case can yield $4,500 in damages plus fees if the landlord’s bad faith is established. This makes Magistrate Court deposit cases high-value for consumer protection attorneys, who sometimes take them on contingency.
Common Mistakes Georgia Small Claims Filers Make
Not requesting 3× damages and attorney fees in the complaint. Georgia’s OCGA § 44-7-35 allows for three times the withheld amount plus attorney fees in bad-faith cases. You must ask for this in your Magistrate Court filing — the court will not award it sua sponte. Be explicit about which statute you’re invoking and what damages you’re requesting.
Filing without documenting bad faith. Georgia Magistrate Court judges need to be persuaded that the landlord’s failure was bad faith, not just negligent. Evidence of bad faith includes: no response to written demands, inconsistent explanations for deductions, deductions for items that were pre-existing or normal wear and tear, and deductions not supported by any documentation.
Not bringing all documentary evidence. Move-in and move-out photos, the lease, the deposit receipt, the demand letter with proof of delivery, and any itemization the landlord provided (or failed to provide) should all be organized and ready to present. Georgia Magistrate judges are practical and evidence-based.
Related Guides
- Small Claims Court Guide: How to Sue and Win Without a Lawyer — the complete how-to guide for the small claims process
- Georgia Security Deposit Laws — security deposit disputes are one of the most common small claims cases
- Georgia Eviction Notice Requirements — understand the eviction process and your defenses in Georgia
- Georgia Wage Theft Laws — Georgia wage laws, overtime rights, and how to recover unpaid wages
- Georgia Tenant Rights Guide — complete tenant rights guide for Georgia renters
This article is for informational purposes only and does not constitute legal advice. Court limits, fees, and procedures change — always verify current rules with your local court clerk before filing. Last reviewed: March 2026.