Small claims court in Georgia (2026)
In Georgia you can sue for up to $15,000 in small claims. Court: Magistrate Court. Lawyers: allowed. Appeal: either side, 30 days. For a broken written agreement you generally have 6 years to sue. Last checked .
Georgia small claims at a glance
- Most you can sue for
- $15,000
- Court
- Magistrate Court
- Filing fee
- Set by each court
- Lawyers
- Allowed
- Appeal
- Either side, 30 days
Can you sue in Georgia small claims?
Enter the amount and the date it happened. Nothing you type leaves your browser.
Georgia small claims limit
$15,000
Enter the amount to compare it with the limit.
The rule: Claims of $15,000 or less. The limit also applies to a defendant's counterclaim, and court costs do not count toward it. You may reduce a bigger claim to $15,000, but you then give up the rest, even if the case is later appealed. No yearly cap on number of claims was found.
Deadline to sue (general rule)
6 years for this kind of claim in Georgia. Enter the date it happened to see the last day.
Simple written contracts: 6 years after the debt becomes due and payable (not for UCC sale-of-goods contracts, which have 4 years under O.C.G.A. 11-2-725, or negotiable instruments). Open accounts, contracts not signed by the party sued, and implied promises: 4 years. Injuries to personal property: 4 years. Personal injury: 2 years.
Lawyers: Lawyers may represent either side.
Appeal: Since July 1, 2023, an appeal is started by filing a Petition for Review in the State or Superior Court within 30 days after the magistrate court's final judgment is filed or recorded (or signed and noticed if the court has no clerk). The appeal is de novo. No appeal lies from a default judgment or from a dismissal after the plaintiff fails to appear.
Filing fee: Each county magistrate court posts its own cost schedule. Example: Liberty County charges $56 filing costs for a civil action plus $50 sheriff's service per defendant.
The deadline shown is the general statute of limitations counted from the date you entered. The real deadline can be later (for example when the problem was discovered later or the other side left the state) or earlier (a contract can shorten it, and claims against a government agency often need a written notice first, on a much shorter clock). If you are close to it, file now or ask a legal aid office. This is legal information, not legal advice.
Where to file and how much
- Court. Each county's Magistrate Court (also called small claims court) hears civil money claims up to $15,000 without a jury. Where to file depends on Georgia's venue rules; for a defendant who lives outside Georgia, Gwinnett's court points to O.C.G.A. 9-10-93 (where business was transacted or the injury occurred).
- Limit. Claims of $15,000 or less. The limit also applies to a defendant's counterclaim, and court costs do not count toward it. You may reduce a bigger claim to $15,000, but you then give up the rest, even if the case is later appealed. No yearly cap on number of claims was found.
- Filing fee. Each county magistrate court posts its own cost schedule. Example: Liberty County charges $56 filing costs for a civil action plus $50 sheriff's service per defendant.
Who can sue and who can speak in court
- You may file in your own name without a lawyer or hire one at your own expense. A corporation, sole proprietorship, partnership, or unincorporated association may designate an officer or full-time employee as its agent to file and present its civil case.
- Before you file. No official statewide source found that requires a demand before filing. The Attorney General's Consumer Protection Division points consumers to magistrate court when they cannot resolve a dispute with a business.
- Jury and moving the case. There are no jury trials in magistrate court. Either side may take a case to state or superior court for a de novo appeal; under the petition-for-review law a jury demand must be filed in the reviewing court within 30 days after filing the petition, where a jury is authorized.
How long you have to sue in Georgia
The general statute of limitations, counted from the day the agreement was broken or the damage happened. Simple written contracts: 6 years after the debt becomes due and payable (not for UCC sale-of-goods contracts, which have 4 years under O.C.G.A. 11-2-725, or negotiable instruments). Open accounts, contracts not signed by the party sued, and implied promises: 4 years. Injuries to personal property: 4 years. Personal injury: 2 years.
| Kind of claim | Time to sue |
|---|---|
| Written contract | 6 years |
| Oral (spoken) agreement | 4 years |
| Damage to property | 4 years |
| Personal injury | 2 years |
Law: O.C.G.A. 9-3-24 (quoted in SunTrust Bank v. Venable, 299 Ga. 655 (2016)); 9-3-25 and 9-3-31 (quoted in Coe v. Proskauer Rose, 314 Ga. 519 (2022)); 9-3-33 (Gardei v. Taylor, S25G1209 (Ga. 2026))
After the hearing: appeals and collecting
- Who can appeal
- Either side can appeal.
- Kind of appeal
- A new trial in a higher court
- Deadline
- Since July 1, 2023, an appeal is started by filing a Petition for Review in the State or Superior Court within 30 days after the magistrate court's final judgment is filed or recorded (or signed and noticed if the court has no clerk). The appeal is de novo. No appeal lies from a default judgment or from a dismissal after the plaintiff fails to appear.
- Collecting the money
- After judgment the winner can get a writ of fieri facias (fi. fa.), file garnishments, and serve post-judgment interrogatories through the magistrate court; each has its own filing cost.
Good to know in Georgia
- Magistrate court can award only money; it cannot issue injunctions or decide title to land (Gwinnett FAQ).
- Dispossessory (eviction) appeals have a 7-day deadline (out of scope).
- assigneesBarred is null: no official source found that addresses whether assignees or collection agencies may sue in small claims.
- Written contracts: 6 years under O.C.G.A. 9-3-24, as quoted by the Supreme Court of Georgia in SunTrust Bank v. Venable (2016); sale-of-goods contracts follow the 4-year UCC period.
Official help and forms
- Georgia courts: small claims self-help
- Georgia small claims forms
- Write a demand letter before you file (free, stays in your browser)
Sources
- Georgia Council of Magistrate Court Judges self-help site (read October 18, 2026)
- Gwinnett County Magistrate Court: Civil Jurisdiction FAQs (read October 18, 2026)
- Gwinnett County Magistrate Court: Appeals (read October 18, 2026)
- HB 916 (2022) Superior and State Court Appellate Practice Act, signed text (read October 18, 2026)
- SB 450 (2024) signed text (read October 18, 2026)
- Uniform Magistrate Court Rules (2022), Judicial Council of Georgia (read October 18, 2026)
- Liberty County Magistrate Court Filing Fees & Costs (read October 18, 2026)
- Georgia AG Consumer Protection Division: Other Options for Resolving Your Dispute (read October 18, 2026)
- Coe v. Proskauer Rose, LLP, 314 Ga. 519 (2022) (read October 18, 2026)
- Gardei v. Taylor, No. S25G1209 (Ga. 2026) (read October 18, 2026)
- Official source (verifier) (read October 18, 2026)
- Official source (verifier) (read October 18, 2026)
Court information, not legal advice. Limits and fees change — confirm with the court before you file. How we check: methodology.
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