Georgia doesn’t have a court called “small claims.” Those cases go to magistrate court, which every county has. You can sue there for up to $15,000, and the process is built so people can handle it without a lawyer [2][3].
At a glance
- Limit
- $15,000, not counting court costs [2]
- From January 1, 2027
- $25,000 for newly filed cases [1]
- Basic filing deposit
- Up to $22 plus service, since July 1, 2026; other charges vary by county [1]
- Defendant's time to answer
- 30 days after service [3]
- Appeal
- Within 30 days, for a new trial in state or superior court [4]
| Rule | Amount or deadline | Source |
|---|---|---|
| Most you can sue for (cases filed through Dec. 31, 2026) | $15,000 | O.C.G.A. 15-10-2 |
| Most you can sue for (cases filed from Jan. 1, 2027) | $25,000 | HB 999 (2026) |
| Basic filing deposit cap | $22, plus actual service cost | O.C.G.A. 15-10-80, from July 1, 2026 |
| Answer deadline | 30 days after service | O.C.G.A. 15-10-43 |
| Reopening a default | 15 days, by answering and paying costs | O.C.G.A. 15-10-43 |
What magistrate court can and can’t hear
Magistrate court handles civil claims of $15,000 or less; court costs don’t count toward the limit, and the limit covers a defendant’s counterclaim too [2]. If you sue for more, you’re capped at $15,000, even if the case is later appealed to a court that could award more [2].
Starting January 1, 2027, HB 999 raises the limit to $25,000 for cases filed on or after that date [1].
It can’t hear [2]:
- divorce and other family cases,
- disputes over who owns real estate,
- injunctions .
How to file
- Ask for payment in writing first. Give a deadline. Before trial, the judge is required to urge both sides to try to settle [3], so showing you tried helps.
- Pick the right county. Ask the clerk if you’re unsure. Gwinnett’s magistrate court, for example, explains that a case can be filed in a county where a substantial part of the business was done, the injury happened, or the property is located [2].
- File a statement of claim. A case starts with a statement of claim , which you sign and swear to [3]. If you ask, the judge or clerk may help prepare it [3].
- Pay the fees. See below.
- Have the defendant served. The papers can be delivered personally by the sheriff or another authorized server [3].
- Wait for the answer. The defendant has 30 days after service to file an answer, in writing or orally with the judge or clerk [3]. If they answer, the court sends notice of the hearing date, time and place [3].
- Bring your evidence to the hearing: contracts, receipts, photos, texts, estimates and any witnesses.
Fees after the 2026 law
HB 999 rewrote the magistrate court fee law starting July 1, 2026. When you file, you pay a filing deposit set by local court rule, up to $22, which covers the costs of the case except service, plus the actual cost of serving each defendant, up to what the sheriff charges [1]. Other sums required by law are charged on top of these [1], which is why the total differs from county to county. A writ of fieri facias to collect a judgment costs $4 [1]. Whoever loses generally has the costs charged against them [1].
If you’re the one being sued
Don’t ignore the papers. If you don’t answer within 30 days of service, you’re in default and the court can rule for the other side [3]. You can still reopen a default within 15 days by filing an answer and paying the costs [3].
After the hearing
A notice of appeal must be filed within 30 days of the judgment [4]. In Gwinnett County, for example, the case goes to state court for a new trial unless you ask for superior court [4]. Winning gets you a judgment; if the other side doesn’t pay, collecting is a separate step that starts with the fi. fa.
Sources
Common questions
What is the small claims limit in Georgia?
$15,000, not counting court costs. A 2026 law (HB 999) raises the limit to $25,000 for cases filed on or after January 1, 2027.
How much does it cost to file in Georgia magistrate court?
It depends on the county. Since July 1, 2026, state law caps the basic filing deposit at $22 plus the actual cost of serving each defendant, but other charges required by law are added, so call your county's magistrate court clerk for the total.
How long does the other side have to respond?
30 days after being served. A defendant who doesn't answer is in default, but can reopen the default within 15 days by filing an answer and paying costs.