Georgia small claims limit, fees and rules
Georgia has no court named “small claims”: civil claims of $15,000 or less go to the magistrate court in each county. A 2026 law (HB 999) raises the magistrate court limit to $25,000 for actions filed on or after January 1, 2027 and rewrote the filing-fee section from July 1, 2026; there is no dollar limit for landlord–tenant dispossessory cases.[1][2]
| Rule | Georgia |
|---|---|
| Dollar limit | $15,000$15,000 in Magistrate Court for claims filed through December 31, 2026; rises to $25,000 for actions filed on or after January 1, 2027. No dollar limit for landlord–tenant (dispossessory) cases. |
| Court | Magistrate Court |
| Filing fee | Set by each county's Magistrate Court. Since July 1, 2026 the base filing deposit is capped at $22 by statute, plus the actual cost of serving each defendant (sheriff or marshal) and other add-on sums required by law, so totals differ by county. |
| Lawyers | AllowedParties may appear on their own or with an attorney. |
| Appeal | Either party may appeal to the State Court or Superior Court of the county within 30 days of judgment; the appeal is a new trial (de novo) (O.C.G.A. §§ 15-10-41(b), 5-3-20). |
| Also note | HB 999 (2026), Act 707, signed May 12, 2026: raises the Magistrate Court limit from $15,000 to $25,000 for actions filed on or after January 1, 2027, and rewrote the § 15-10-80 fee section effective July 1, 2026. Magistrate courts may not grant prejudgment attachment. |
Should you file now or wait for the $25,000 limit?
If your claim is between $15,000 and $25,000, the question is timing. Filing before 2027 means either giving up the amount above $15,000 or suing in state or superior court with fuller procedure. Waiting is only safe if the statute of limitations will not run out first; check the table below before you decide.
- Fees: since July 1, 2026 the base filing deposit is capped at $22 by statute, plus the cost of serving each defendant and other add-ons, so totals still differ by county.
- Where to file: usually the county where the defendant lives.
- Appeal: either party may appeal to the state or superior court within 30 days, and the appeal is a new trial.
Deadline to file in Georgia
Small claims cases have the same filing deadline as any lawsuit: once the statute of limitations runs, the court will dismiss the claim if the defendant raises it.[3][4][5]
| Claim | Deadline | Statute |
|---|---|---|
| Unpaid loan or written contract | 6 years | O.C.G.A. § 9-3-24 |
| Oral agreement | 4 years | O.C.G.A. § 9-3-25 |
| Credit card or open account | 4 years | O.C.G.A. § 9-3-25 |
| Property damage (e.g. fender bender) | 4 years | O.C.G.A. § 9-3-31 |
See the full Georgia statute of limitations list for other claims, compare the small claims limit by state if the defendant is elsewhere, and read how to file a claim in small claims court for the general steps. Whether to bring counsel is covered on the small claims attorney page.