Georgia Small Claims Limit: How Much You Can Sue for and How to File
Introduction: Why this matters if you want to file in Georgia small claims court
Thinking of suing a tenant for a few thousand dollars, or chasing an unpaid invoice from a local client? The Georgia small claims limit decides whether your case belongs in magistrate court, or whether you need a different court and an attorney. Get this wrong and you can waste time, pay unnecessary fees, or cripple your chance of collecting a judgment.
Understanding the small claims limit matters because it shapes your strategy. It affects filing fees, how to prepare evidence, whether lawyers are practical, and how fast you can get a hearing.
This article lays out the exact Georgia small claims limit and exceptions, compares court options, and gives a step by step filing checklist, sample forms, cost estimates, and proven tips for winning and collecting. Keep reading to avoid costly mistakes.
Quick answer: Georgia small claims limit, current number and what it means
The Georgia small claims limit is $15,000. This cap applies to claims filed in Georgia magistrate courts, the courts that handle landlord tenant disputes, unpaid invoices, and other small civil matters. For example, a contractor owed $12,000 would use magistrate court, while a $18,000 dispute must go to superior or state court. Limits can change with new laws or local court rules, so always confirm before filing. Quick ways to check, look up your county magistrate court website, call the court clerk, or review the Georgia Code online. Filing under the wrong limit can cost time and fees, so verify first.
Who can file a small claim in Georgia, and who you can sue
Anyone with a claim can usually file in small claims court, individuals, sole proprietors, partnerships, and corporations included. For example, a renter suing a landlord over a $2,500 security deposit or a freelancer suing a client for unpaid invoices can use the court, subject to the georgia small claims limit. Businesses can be defendants too, but serve the registered agent, not a storefront employee. Government entities are different; state agencies usually have immunity and require special procedures, and municipalities often need pre suit notice. Tip, verify who to sue and how to serve them before you file, it saves time and money.
What qualifies as a small claim, common case types and exclusions
If your dispute falls under the Georgia small claims limit, magistrate court handles straightforward money and property fights. Typical claims include unpaid debts and bounced checks, car or property damage from a minor crash, security deposit disputes between landlords and tenants, unpaid contractor or service fees, and demands for return of personal property. For example, a contractor seeking $3,000 for unfinished work or a tenant asking for a $600 deposit refund both belong here.
Magistrate court will not grant equitable relief. That means no injunctions, no requests to quiet title, no foreclosure remedies, and no divorce or custody matters. If you need specific performance or title changes, file in superior court or talk to an attorney before suing under the Georgia small claims limit.
Time limits to file, statute of limitations basics for common claims
Statute of limitations decides whether you can still sue, no matter the Georgia small claims limit. Contract claims on written agreements must be filed within six years of breach, oral contracts within four years. Tort claims vary, personal injury generally two years, property damage four years. Example: a car crash injury from three years ago is likely time barred even if damages fit a magistrate court claim. If deadlines approach, act fast, or consult an attorney about tolling exceptions.
Step by step filing process, from pre-filing to judgment
Start with a short, firm demand letter. Say what you want, why you are owed that amount, attach key evidence, and set a clear deadline, for example 10 to 14 days. Send it by certified mail with return receipt, and keep a copy. A well documented demand letter often resolves the case without filing, especially when the amount is near the georgia small claims limit.
Next, prepare your paperwork. Visit your county magistrate court website, download the Statement of Claim or civil filing form, and list damages with supporting exhibits: contracts, invoices, photos, text messages, and a damage spreadsheet if helpful. Make three copies of everything: judge, defendant, your file.
File at the magistrate court in the defendant’s county. Bring your completed forms, copies, and the filing fee; check the county fee schedule ahead of time. The clerk will assign a case number and a hearing date.
Serve the defendant. Use the sheriff or marshal for reliable service, or a licensed process server if allowed in your county. Proof of service is essential; do not rely on ordinary mail unless the court specifically permits it.
Prepare for the hearing. Organize a 3 ring binder with a one page chronology, numbered exhibits, and witness contact info. Arrive early, be concise, and practice a 3 minute statement focusing on facts and evidence.
If you win, get a written judgment and ask the clerk about post judgment collection options, such as garnishment or a writ of execution.
Costs, fees, and possible courtroom expenses to expect
Expect county filing fees from about $30 to $120 based on the georgia small claims limit, and service costs $40 to $100 for sheriff or $50 to $150 for private servers. Small extras like certified mail and copies add $5 to $20. Under Georgia law you can recover court costs and service fees in your judgment, though attorney fees require a statute or contract. To minimize expense, ask the clerk about fee waivers, use certified mail, and settle early.
How to prepare evidence and present your case so a judge understands quickly
Put everything in a clear order, so the judge can scan in 60 seconds. Use a small binder with numbered tabs: complaint, contract, receipts, photos, correspondence, and an evidence index. Bring at least three copy ready sets, plus a digital backup on a USB.
Create a one page timeline with dates down the left column, one sentence descriptions in the middle, and the document number on the right. Example: "6/1/24, Service paid but never delivered, Doc 4." Staple referenced receipts to the timeline.
For receipts and photos, circle amounts and add short captions like "paid, check #1234" or "damage to front bumper, 7/2/24." Print photos 4×6 and label on the back. Practice a 45 to 60 second opening: state your name, the amount, the key facts, and the relief you want. Rehearse aloud until it sounds natural.
If you win, how to collect your judgment and enforcement options
Even if you win under the Georgia small claims limit, collecting is a separate process. First get a certified copy of the judgment from the clerk, then record it where the defendant owns property to create a lien. To seize assets, request a writ of execution from the court, and have the sheriff levy bank accounts or tangible property. For wages or bank garnishment, file a writ of garnishment and serve the employer or bank, keeping federal garnishment limits and exempt income like Social Security in mind. Track deadlines, because judgments are time limited in Georgia, typically seven years, and should be renewed before they expire. Practical tips, search public records for assets, offer a written payment plan, and consider a collection attorney for stubborn debtors.
When to consider an attorney or appeal, and cost versus benefit
If your case is near the georgia small claims limit, involves a disputed contract, or needs documents and witnesses, hire counsel. Small claims judges favor clear evidence and tight arguments, not legal theory. Convert to a higher court when expected recovery exceeds court fees plus attorney time, or when you need discovery that small claims lacks. Appeals windows are short, so read the judgment for the exact deadline and file immediately, often within days or weeks. Expect filing fees plus transcript or bond costs, and attorney fees that can run into the thousands, so weigh cost versus benefit.
Conclusion: Quick checklist and final insights before you file
Confirm your claim fits the Georgia small claims limit and you have the paperwork to prove it.
Pre filing checklist:
Verify your claim amount is within the limit and select the correct magistrate court.
Send a written demand letter and note the delivery date.
Collect contracts, photos, receipts and witness contact info.
Estimate filing and service fees; check the statute of limitations.
Final tip: call the court clerk for procedural questions.