Georgia · small claims

Small claims court Georgia (magistrate court)

Small claims court Georgia means the magistrate court, which hears money claims up to $15,000; for cases filed on or after January 1, 2027 the limit rises to $25,000. Filing fees are set by each county, lawyers are allowed, and either side may appeal within 30 days for a new trial.

Statute of Limitations by State editorial teamUpdated 5 sources

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]

Georgia small claims at a glance (checked November 2026)
RuleGeorgia
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.
CourtMagistrate Court
Filing feeSet 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.
LawyersAllowedParties may appear on their own or with an attorney.
AppealEither 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 noteHB 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]

Georgia limitation periods for common small claims
ClaimDeadlineStatute
Unpaid loan or written contract6 yearsO.C.G.A. § 9-3-24
Oral agreement4 yearsO.C.G.A. § 9-3-25
Credit card or open account4 yearsO.C.G.A. § 9-3-25
Property damage (e.g. fender bender)4 yearsO.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.

Frequently asked questions

What is the small claims limit in Georgia?
$15,000 in magistrate court for cases filed through December 31, 2026, and $25,000 for cases filed on or after January 1, 2027 (HB 999, 2026).
How much does it cost to file in Georgia magistrate court?
Each county sets its total. Since July 1, 2026 the base deposit is capped at $22, plus service costs for each defendant and add-on fees, so check your county’s magistrate court.
Can you appeal a Georgia magistrate court decision?
Yes. Either party may appeal to the state court or superior court within 30 days, and the case is tried again from the start.

Sources

  1. O.C.G.A. §§ 15-10-2(5), 15-10-80, 15-10-41: small claims jurisdiction and procedure · Georgia statutes / court rules (official), checked November 2026
  2. Georgia small claims: official court self-help · Georgia Judicial Branch, checked November 2026
  3. O.C.G.A. § 9-3-24: written contract limitation period · Official Code of Georgia Annotated (O.C.G.A.) (official), checked November 2026
  4. O.C.G.A. § 9-3-25: oral contract limitation period · Official Code of Georgia Annotated (O.C.G.A.) (official), checked November 2026
  5. O.C.G.A. § 9-3-31: property damage limitation period · Official Code of Georgia Annotated (O.C.G.A.) (official), checked November 2026