Filing a Georgia small claims case for under $15,000 — full walkthrough

Someone owes you money — a contractor who vanished, a customer who never paid, a landlord sitting on your deposit — and it's less than $15,000. In Georgia, that's a magistrate court case, and the court is built for people without lawyers. Here's the whole path.

Before you file: the demand letter

Courts don't require it for most claims, but a written demand with a deadline settles a surprising share of disputes for the cost of a stamp. State what's owed, why, and the date you'll file if you're not paid. Keep a copy — it also becomes evidence that you tried to resolve things.

Where and what to file

You file a Statement of Claim in the magistrate court of the county where the defendant lives (for a business, where it's registered or does business) — O.C.G.A. § 15-10-40 et seq. [verify]. The claim cap is $15,000, excluding court costs; you can waive any excess to stay in magistrate court [verify].

Expect filing fees around $45–$60 plus roughly $50 per defendant for sheriff service, varying by county [verify].

1. Identify the defendant precisely — full legal name, or the registered name of the business (check the Georgia Secretary of State's registry).
2. Complete the Statement of Claim: who owes what, why, and how you calculated the amount.
3. File with the clerk and pay fees (many counties accept e-filing).
4. The court serves the defendant — usually by sheriff or certified delivery.
5. Wait out the 30-day answer window.

The 30-day answer window

After service, the defendant has 30 days to answer [verify]. Three things can happen:

• They answer — the court sets a hearing date.
• They don't answer — you can move for a default judgment. (Georgia gives defendants a 15-day grace period to open a default by paying costs [verify].)
• They negotiate — many cases settle once the defendant is served. A settlement in writing, paid before dismissal, beats a judgment you have to collect.

The hearing

Magistrate court hearings are informal — no jury, relaxed evidence rules, and judges accustomed to self-represented parties. Bring three copies of everything: the contract or agreement, invoices, texts and emails, photos, and any witness who saw what happened. Tell the story in order, lead with the number, and let the documents do the arguing.

After judgment

A judgment is a piece of paper, not a payment. If the defendant doesn't pay voluntarily, your collection tools include garnishment of wages or bank accounts and liens. Georgia judgments are enforceable for years and can be renewed [verify] — patience plus a garnishment usually beats frustration.

This article is legal information, not legal advice. Statute references are tagged [verify] pending review by a licensed Georgia attorney.