Georgia Magistrate Court handles small claims disputes up to $15,000 under O.C.G.A. § 15-10-2 — the highest small claims limit in the Southeast, well above Florida’s $8,000, North Carolina’s $10,000, and South Carolina’s $7,500. Every one of Georgia’s 159 counties operates its own Magistrate Court, and the same court that hears your unpaid-invoice or property-damage claim also handles evictions, distress warrants, and pre-judgment garnishments — making it the true front door for nearly all everyday civil disputes in the state.
Georgia also has one of the strongest security deposit statutes in this guide series: a tenant can recover up to three times the wrongfully withheld deposit if the landlord acted in bad faith. And unlike Florida or Illinois, a Georgia small claims appeal is a genuine trial de novo — a completely fresh case at the State or Superior Court level, not merely a review of the record. This guide covers the complete Georgia Magistrate Court process, the county-by-county variations that trip up filers (especially in Fulton County), and the specific collection tools — the Writ of Fi Fa, continuing garnishment, and personal property levy — that turn a Georgia judgment into actual payment.
Georgia Small Claims — Fast Facts (2026)
- Claim Limit
- Up to $15,000 (no cap for evictions)
- Court Name
- Magistrate Court
- Governing Statute
- O.C.G.A. § 15-10-2 et seq.
- Filing Fee
- $45 – $100 (varies by county)
- Answer Deadline
- 30 days (45 in some e-filing counties)
- Security Deposit Penalty
- Up to 3x deposit for bad faith
- Appeal Window
- 30 days (7 days for evictions) — de novo
- Wage Garnishment Duration
- 1,095 days or until satisfied
- Judgment Valid
- 7 years, renewable
- Witness Testimony
- Must appear in person — no written statements
What Makes Georgia Small Claims Different
1. Triple Damages on Security Deposits — One of the Strongest Tenant Protections in the Country
Under O.C.G.A. §§ 44-7-34 to 44-7-36, a Georgia landlord must return a tenant’s security deposit within one month of lease termination, along with an itemized list of any deductions. If the landlord’s failure to comply was in bad faith, the tenant can recover up to three times the wrongfully withheld amount. A landlord who cannot produce the required itemized statement starts the hearing on very weak legal ground. This triple-damages exposure is among the strongest in this guide series and should be cited explicitly in any Georgia security deposit demand letter.
2. Magistrate Court Is the Front Door for Landlord-Tenant Law Statewide
Georgia’s Magistrate Court does not only hear small claims — it is also where dispossessory (eviction) proceedings, distress warrants, and pre-judgment garnishments are filed under O.C.G.A. §§ 44-7-50 et seq. and 18-4-1 et seq. Notably, eviction cases have no dollar limit at all, unlike money claims which are capped at $15,000. If your dispute involves both an eviction and a money claim, expect the two to proceed somewhat differently even within the same courthouse.
3. The Appeal Is a True Trial De Novo
Unlike Florida and Illinois — where an appeal reviews the existing trial record — a Georgia small claims appeal to State or Superior Court is a complete trial de novo. Both sides present their case again from scratch, with formal rules of evidence and the option of attorney representation. This gives a losing party a genuine second chance, but it also means a mediated settlement (see below) is often more valuable than a contested win, since a judgment can still be reopened entirely on appeal.
4. County-by-County Variation in Answer Deadlines and Filing Procedure
While the standard answer deadline is 30 days after service, some counties — including Fulton County, which uses the statewide eFileGA electronic filing system — allow the defendant 45 days to answer. Filing procedures, fee schedules, and whether e-filing is available at all also vary meaningfully by county. Always confirm the specific rules for the county where you are filing rather than assuming statewide uniformity.
5. No Refund If You File in the Wrong Court
Georgia Magistrate Courts explicitly warn plaintiffs: if you file in a court that lacks jurisdiction or where venue is improper, your filing fee is not refunded. If the defendant cannot be found for service and lives in another county, the case and your paid fee can be transferred to the correct county’s Magistrate Court at no additional transfer charge — but because each county sets its own fees, you may owe an additional amount to the receiving county. Confirm the defendant’s correct county of residence before filing.
Georgia Small Claims Filing Fees (2026)
| Item | Typical Cost |
|---|---|
| Filing fee (varies by county and claim amount) | $45 – $100 |
| Sheriff or marshal service | $30 – $50 per defendant |
| Transfer to another county’s Magistrate Court | No transfer fee, but destination county’s own fees may apply |
| Transfer from Magistrate to State or Superior Court | Additional fee applies regardless of county |
Fee schedules are set independently by each of Georgia’s 159 counties under O.C.G.A. § 15-10-80. Always confirm the exact current fee with your specific county’s Magistrate Court clerk.
Fee waiver: Filers who cannot afford the fee can submit a poverty affidavit (in forma pauperis) requesting the fee be waived.
Step-by-Step: How to File in Georgia
Step 1 — Send a Demand Letter
Georgia does not legally require a demand letter before filing, but most magistrates expect to see one, particularly for breach-of-contract claims. Send it by certified mail with return receipt requested, keep proof of mailing, and give the defendant a reasonable deadline (commonly 10–14 days) to respond.
Step 2 — Confirm the Correct County
File in the Magistrate Court of the county where the defendant resides, does business, or where the events giving rise to the claim occurred. If you are unsure which county has proper venue, contact the court clerk’s office before filing — remember, filing fees are not refunded if you file in the wrong court.
Step 3 — Complete the Statement of Claim
Obtain the Statement of Claim form from your county Magistrate Court or the statewide Georgia courts forms portal. Include:
- Your correct legal name and address
- The defendant’s exact legal name and address
- The damages you are seeking
- A brief statement explaining why the defendant is being sued, including the date(s) of the underlying incident
Georgia’s Statement of Claim is sworn — you are certifying the facts under oath when you sign and file it.
Step 4 — File and Pay the Fee
File at the Magistrate Court clerk’s office and pay the applicable fee. Many counties, including Fulton County, now support electronic filing through the statewide eFileGA system — the clerk can help with the electronic filing process if you file in person.
Step 5 — Serve the Defendant
Service is typically handled by the sheriff or county marshal, or by a licensed process server where permitted. You cannot serve the papers yourself. Proof of service must be filed before the case can proceed — do not rely on ordinary mail unless your specific court permits it.
Step 6 — The Defendant’s Answer Deadline
The defendant generally has 30 days after being served to file a written answer (45 days in some e-filing counties like Fulton). If the defendant fails to answer in time, you may request a default judgment. In many counties, the defendant has an additional 15 days after the deadline to “open default” by filing a late answer and paying court costs.
Step 7 — Prepare Your Evidence
Make three copies of every document — one for the judge, one for the defendant, one for your own file. Organize a simple binder with a one-page chronology, numbered exhibits, and witness contact information. Common evidence includes contracts, invoices, receipts, cancelled checks, photographs, and text messages.
Step 8 — Consider Mediation
Many Georgia metro counties schedule mediation before the judge hears the case. A mediated settlement is binding, is typically faster to collect on than a contested judgment, and eliminates the risk of an adverse ruling or a de novo appeal that reopens the entire case. Take mediation seriously if your county offers it.
Step 9 — Attend the Hearing
When your case is called, introduce yourself and state your claim concisely — for example: “Your Honor, I am the plaintiff seeking $4,500 for a security deposit that was not returned after my lease ended in February 2026.” Walk through your evidence in logical order, speaking to the judge, not the defendant. Do not interrupt when the defendant presents their side — take notes and address their points in your rebuttal. The judge may rule from the bench immediately or take the matter under advisement and mail the judgment within a few days. Before leaving, ask the clerk whether a written judgment order will be mailed, and always request a copy — its clarity determines how easily you can enforce payment later.
How to Collect Your Georgia Small Claims Judgment
Georgia courts do not collect judgments on your behalf — enforcement is entirely the plaintiff’s responsibility once judgment is entered.
Step 1 — Record a Writ of Fieri Facias (Fi. Fa.)
A Writ of Fi Fa is Georgia’s judgment lien document. Record it on the general execution docket in the Superior Court of the county where the defendant resides (or owns property) to create a lien on their real estate. This is typically the first and least expensive enforcement step.
Step 2 — Continuing Wage Garnishment
File a continuing garnishment action under O.C.G.A. § 18-4-20 et seq. against the defendant’s employer. Federal law caps the deduction at 25% of disposable earnings, mirrored by O.C.G.A. § 18-4-5. A continuing wage garnishment in Georgia lasts 1,095 days (3 years) or until the judgment is satisfied, whichever comes first — one of the longest continuous garnishment periods in this guide series, meaning you do not need to refile every pay period.
Step 3 — Bank Account Garnishment
The same garnishment process can be directed at the defendant’s bank account rather than (or in addition to) their wages, subject to standard exemptions for Social Security and other federally protected income.
Step 4 — Levy on Personal Property
Request that the Marshal or Sheriff levy and sell the defendant’s non-exempt personal property to satisfy the judgment.
Judgment Valid for 7 Years
A Georgia small claims judgment is valid for 7 years and can be renewed before it expires. Keep a permanent copy of every document — the original claim, the judgment, and any enforcement filings — since a defendant who is judgment-proof today may own property, receive an inheritance, or take garnishable employment years down the road.
Appeals in Georgia Small Claims Court
| Case Type | Appeal Window | Where It Goes | Type of Review |
|---|---|---|---|
| Standard civil claim | 30 days from final judgment | State or Superior Court | De novo — completely new trial |
| Eviction (dispossessory) | 7 days from judgment | State or Superior Court | De novo |
Because the Georgia appeal is a genuine new trial rather than a record review, either side may bring an attorney and introduce new evidence at the appellate stage. This is one reason mediated settlements are often more durable than contested judgments in Georgia — a win at the Magistrate Court level does not guarantee the same result if the losing party appeals.
Georgia Statute of Limitations
| Claim Type | Period | Statute |
|---|---|---|
| Written contract | 6 years | O.C.G.A. § 9-3-24 |
| Oral contract / open account | 4 years | O.C.G.A. § 9-3-25 |
| Property damage | 4 years | O.C.G.A. § 9-3-32 |
| Personal injury | 2 years | O.C.G.A. § 9-3-33 |
These periods generally begin running from the date of breach or injury — not from the date you discovered the loss, though tolling exceptions exist (for example, a minor’s personal injury claim does not begin running until they turn 18).
Frequently Asked Questions — Georgia Small Claims Court
What is the small claims limit in Georgia in 2026?
$15,000 under O.C.G.A. § 15-10-2 — the highest in the Southeast. Eviction cases have no dollar limit at all.
Can I recover triple damages for a security deposit dispute?
Yes, if the landlord acted in bad faith. Under O.C.G.A. §§ 44-7-34 to 44-7-36, landlords must return the deposit within one month of lease termination with an itemized deduction list. Bad-faith non-compliance allows recovery of up to three times the withheld amount.
How much does it cost to file in Georgia?
Typically $45 to $100 depending on county and claim amount, plus $30–$50 for sheriff or marshal service.
How long does a defendant have to answer?
Generally 30 days after service; some e-filing counties like Fulton allow 45 days. A default judgment may follow if the defendant misses the deadline, though many counties allow an additional 15 days to open default by filing late and paying costs.
Can either party appeal a Georgia small claims judgment?
Yes — 30 days for standard civil cases, only 7 days for evictions. The appeal goes to State or Superior Court for a full trial de novo, not a record review.
What is the statute of limitations for small claims in Georgia?
Written contracts: 6 years. Oral contracts and open-account debt: 4 years. Property damage: 4 years. Personal injury: 2 years.
How long does wage garnishment last in Georgia?
A continuing garnishment lasts 1,095 days (3 years) or until the judgment is satisfied, capped at 25% of disposable earnings.
How do I collect a judgment in Georgia?
Record a Writ of Fi Fa to create a real estate lien, then pursue continuing wage or bank garnishment, or have the marshal levy personal property. The court does not collect for you.
How long is a Georgia small claims judgment valid?
7 years, renewable before it expires.
Do witnesses have to appear in person?
Yes. Georgia Magistrate Courts require in-person testimony under oath with the opportunity for cross-examination — written witness statements generally carry no weight.
Next Steps
- How to Write a Demand Letter
- How to Collect Money After Winning
- How to Win a Security Deposit Case
- How to Sue Your Landlord
- Browse All 50 State Guides
Sources
- O.C.G.A. § 15-10-2 et seq. (Magistrate Court jurisdiction and small claims)
- O.C.G.A. § 15-10-80 (County filing fees)
- O.C.G.A. §§ 44-7-34 to 44-7-36 (Security deposit — 1-month return, triple damages for bad faith)
- O.C.G.A. §§ 44-7-50 et seq. (Dispossessory / eviction proceedings)
- O.C.G.A. § 18-4-1 et seq., § 18-4-20 et seq. (Garnishment procedure — 1,095-day continuing garnishment)
- O.C.G.A. § 18-4-5 (25% wage garnishment cap)
- O.C.G.A. § 9-3-24 (6-year written contract SOL)
- O.C.G.A. § 9-3-25 (4-year oral contract / open account SOL)
- O.C.G.A. § 9-3-32 (4-year property damage SOL)
- O.C.G.A. § 9-3-33 (2-year personal injury SOL)
- Georgia Uniform Magistrate Court Rule 7 (Attorney representation permitted, not required)
- DeKalb County Magistrate Court — Small Claims FAQs: dekalbcountymagistratecourt.com
- Fulton County Magistrate Court — Small Claims: magistratefulton.org
