Georgia Small Claims

In Georgia's small claims court, you can sue for amounts up to $15,000. The statute of limitations varies by claim type: two years for personal injury and fraud, four years for oral contracts, and six years for written contracts. The court fee varies by county, typically around $54, with an additional $35 for serving one defendant. Submitting a claim usually takes a few minutes once you have the information prepared. To start filing a small claim, complete the forms at your local magistrate court or online and pay the filing fee.

If you want to know how to file a small claim in Georgia or are curious how to bring someone in the small claims court in Georgia, you must know some facts about small claims like:

What are small claims in Georgia?

What is a small claim court in Georgia?

What are the Types of Small Claims in Georgia?

What are the charges for small claims court in Georgia?

What is a Small Claims Court Procedure in Georgia?

What Happens in Small Claims Court in Georgia?

Georgia Small Claims

What are Small Claims in Georgia

Small claims in Georgia are the minor disputes that involve a small amount of money. This is a legal process to recover small amounts very quickly, efficiently, and cheaply. A small claims lawsuit in the state of Georgia does not require a complex process. You, as an individual, can recover your claimed amount in an easy and fast way if your claim is not complex. Businesses can also recover their minor claimed amount. Small claims in Georgia have a limit that you must follow. The maximum amount for small claims court is different in every state. As the small claims process is straightforward, you can file the small claims in small claims courts by yourself or with the help of someone. You can sue someone in small claims court Georgia without paying an attorney's fee. You do not need to hire a lawyer to file small claims

Georgia Small Claims Quick Facts:

Filing Fee & Cost

 In the Georgia Small Claims Court, the filing fee for a small claims case generally ranges from $50 to $150. Process serving fee is around $7 to $100. You may have to pay some additional cost for preparing the case. So overall it usually costs $85 and $250 for submission of a small claims complaint.

Statutes of Limitation

 The statute of limitations is a time limit for starting a lawsuit. In Georgia, the time limit varies depending on the type of case. Never put off submitting your lawsuit.
Breach of Contract 4-6 years
Debt Collection 6 years
Property Damage 4 years
Personal Injury 2 years
Fraud or Misrepresentation 4 years
Small Claims Limit Small claims limit is usually up to $15,000.

Common Types of Small Claims Cases in Georgia

 Property Damage
Return of Security Deposit
Disputes with Mechanics over Poor Workmanship
Disputes with Airlines
Landlord/Tenant Disputes
Money Owed (personal loans, contracts, unpaid invoices)
Contracts (written and oral)
Minor Car Accidents (Property Damage, No Injury)
Disputes with Home Warranty Companies
Unpaid Invoices & Unjust Chargebacks
Disputes with Contractors over Remodeling or Home Repairs
Disputes with Car Dealerships and Private Car Sellers
HOA Disputes
Disputes with Insurance Companies
Disputes with Moving Companies
Disputes with Telemarketers and Robocallers
Wrongful Death Lawsuit
Car Accident or Car Crash Lawsuit
Injury Lawsuit
Disputes with Towing Companies

Georgia Small Claims Court Fees:

Small claims courts are cost-effective and require very low court fees as compared to traditional court processes. Court fee includes the following fees:

Filing Fee:

Filing fee that is generally ranging from $50 and $150. It depends on the court jurisdiction and amount of claim you are suing in the small claims courts.

Small claims Amount Filing Fee Range
Under $5,000 $50–$75
Over $5,000 $75–$150

Service Fee:

Service fee that is required to serve the court papers to the defendant. It typically ranges from $7 to $100.

Service Method Service Fee Range
Marshal’s Office $35–$50
Private Process Server $50–$100
Certified Mail (if Allowed) $7–$15

Additional Costs:

Types Fee
Motion Fees $10–$25
Witness Subpoena Fees $5–$10
Appeal Fee $100–$250

There is also an additional fee that is used to get the certified copies.
Small claims courts also offer fee waivers for deserving people. When the plaintiff files a waiver, proof of service is not required, and these rules apply as if a summons and complaint had been served at the time of filing the waiver.

What are the Types of Small Claims in Georgia?

You can sue for many types of small claims in Georgia that happen in our daily lives, as described below:

  • Unpaid debts such as outstanding bills and unpaid loans, etc.
  • Property damages, such as payment for repairs or replacement of the property that has been damaged.
  • Breach of contract, such as if a party fails to fulfill the terms of an agreement.
  • Security deposit disputes, such as a situation where property owners take the wrong action and do not pay the security deposit.
  • Personal injury, such as any minor injury, results in medical expenses and emotional distress.

Small claims courts are ideal courts to file small claims in an efficient and cost-effective way. On the other hand, traditional courts have complex procedures and are costly as well.

Do I Need a Lawyer for Small Claims in Georgia?

As the small claims court of Georgia offers a very streamlined process for filing small claims and offers self-representation, you are not required to hire a lawyer. Lawyers cannot represent you in court for filing small claims. You can take legal advice from a lawyer if you feel you need any type of legal help. Small claims courts allow you to file small claims cases by yourself, and to sue in Georgia small claims court, you do not need to hire an attorney for this purpose. This makes the process cost-effective.

 

What Happens in Small Claims Court in Georgia?

Small claims courts are very easy and provide a streamlined process of filing the small claims.

  • You, as a plaintiff, and the defendant, both parties, must present the case in front of a judge.
  • The judge may ask you some legal questions related to your case.
  • The judge will give the judgment at the court hearing.
  • You need to collect the approved claimed amount from the defendant.