Georgia Small Claims Court

Georgia’s Magistrate Court system was designed to handle small claims (disputes worth less than $15,000) in an inexpensive, streamlined, and expedited manner. Individuals and business entities dealing with issues such as landlord/tenant disputes, personal injury or property damage, breach of contract, or auto repair issues can file their lawsuit in this simplified court.

Georgians may represent themselves for small claims in Magistrate Court, but you may hire an attorney to represent you if you wish. Business entities and individuals may be named as either a plaintiff (person bringing the lawsuit) or defendant (person being sued) in a Magistrate Court case.

Claim Limit: Magistrate Court cases cannot exceed $15,000 in value. Where to File: File your small claim in the Georgia Magistrate Court in the district where the defendant resides.

Types Of Cases Handled: Magistrate Courts handle small claims cases that total less than $15,000 and that involve disputes over money, property, personal injury, or breach of contract.

Who Can File: Individuals 18 and over and business entities, such as corporations and partnerships, can file a small claim in Georgia, just ensure that you have the relevant documents needed. If you are under age 18, you must have a legal guardian or parent file the lawsuit on your behalf.

Filing Your Claim: The Magistrate Court requires that you submit a Statement of Claim form that lays out the facts of the case, cites the current names and addresses of all parties, and provides documentation such as receipts or contracts related to the lawsuit. You must submit a small filing fee at the time of filing. The court will then initiate service on the defendant(s) named; if they fail to respond within 30 days, you win the case by default.

Help with Georgia Small Claims: If you need information on how to file your lawsuit, which forms to file, or what kind of legal strategies to choose, you may need to rely on a source outside the court for information (court clerks and law librarians may be prohibited from providing legal advice of any kind). Consult a Georgia small claims lawyer or get in touch with the State Bar of Georgia for referrals and legal advice.

Case Studies: Practical Examples in Georgia Small Claims Court

Case Study 1: Landlord-Tenant Dispute

Mr. Johnson, a tenant residing in Atlanta, experienced significant water damage in his apartment due to a burst pipe. Despite repeated requests to the landlord for repairs, the issue remained unresolved.

Frustrated with the living conditions, Mr. Johnson decided to file a small claims lawsuit against his landlord to seek compensation for property damage and a rent reduction during the period of inconvenience.

Case Study 2: Personal Injury Claim

Ms. Davis was involved in a car accident on a busy intersection in Savannah. The collision resulted in injuries and significant medical expenses.

The other driver, who was at fault, denied responsibility, making it difficult for Ms. Davis to recover the costs incurred. She decided to pursue a small claims case against the negligent driver to seek compensation for medical bills, lost wages, and pain and suffering.

Case Study 3: Breach of Contract

Mr. Thompson, a small business owner, entered into a contract with a supplier for the timely delivery of goods. However, the supplier failed to fulfill their obligations, causing substantial losses for Mr. Thompson’s business.

Faced with financial setbacks and damaged customer relationships, he chose to take legal action through a small claims lawsuit to recover the financial damages caused by the supplier’s breach of contract.

For more state-specific information and links to your state’s small claims court resources, see Small Claims Court Information and Links.