Magistrate Court is Georgia's small claims court, and it was built for people without lawyers. The forms are short, the hearings are informal, and you can claim up to $15,000. If a contractor kept your deposit, a customer stiffed you on an invoice, or a roommate totaled your couch and vanished, this is usually where that fight happens. Here is the filing process start to finish — including the 2 steps that trip up most first-time filers: fees and service.
Step 1: Check the $15,000 Cap
Georgia magistrate courts hear civil claims up to $15,000. At $15,001, you are out of small claims and into State or Superior Court — different filing fees (a superior court civil case typically runs about $218 in court costs alone — see our complete fee guide), different procedures, and a much stronger case for hiring a lawyer. Many people with claims slightly over the cap choose to claim exactly $15,000 to stay in magistrate court. Whether that trade is worth it in your situation is a question for you — or for an attorney.
Step 2: File in the Defendant's County
You file where the defendant lives, not where you live. A Marietta plumber who burned a Decatur homeowner gets sued in Cobb County, because that is where he resides — even though the botched job and the angry homeowner are both in DeKalb. Filing in the wrong county is the single most common venue error we see, and it costs you the filing fee and weeks of time. (It is also mistake #1 in our pro se filing mistakes post.)
Step 3: Fill Out the Statement of Claim
The magistrate court filing document is called a Statement of Claim. Every county clerk provides the form. It asks for three things: who the parties are (your full legal name and the defendant's), how much you are claiming, and a plain-language description of why the defendant owes it. You do not need legal citations or formal pleading language. You do need the defendant's correct legal name — sue "Bob's Plumbing" when the company is actually "Robert Fenn Enterprises LLC" and you may win a judgment against a business that does not exist.
Before you sit down with the form, have 3 things ready: a current street address where the defendant can be served (a P.O. box gets nobody served), an itemization of your amount — $4,200 deposit plus $1,150 in repair invoices reads better than "$5,350 for damages" — and copies of the documents behind those numbers. The clerk keeps the original filing; you keep a stamped copy for your records and your hearing folder.
Step 4: Pay the Filing Fee — a Fulton County Worked Example
Filing fees are set county by county, so treat these Fulton County Magistrate Court numbers as a worked example, not a statewide price list:
- $60 to file the Statement of Claim
- $50 for marshal service, charged per defendant
- $8 for each additional defendant on the claim
So a claim against 1 defendant costs $110 before anyone has been handed a summons. Against 2 defendants: $60 + $8 + $100 in marshal fees = $168. Call your county clerk and confirm the current numbers before you write the check — counties adjust fees, and a shortfall gets your filing bounced.
Step 5: Submit It — In Person, by Mail, or Online
Since 2019, Georgia attorneys have been required to e-file new civil actions in superior and state courts (O.C.G.A. §§ 15-6-11 and 15-7-5). Self-represented filers are the exception: you may still file on paper, in person at the clerk's window or by mail. In magistrate court, e-filing is optional where it exists at all — Fulton, DeKalb, Gwinnett, Clayton, Cherokee, Henry, and Chatham magistrate courts accept e-filing through eFileGA, with a provider fee of $19 per envelope ($14 in DeKalb and Gwinnett magistrate) plus a 2.5%–3.5% card fee. Our eFileGA guide for self-represented filers walks through the whole portal.
Step 6: Get the Defendant Served
Filing does not start your case clock — service does. The court must get a copy of your claim into the defendant's hands through an authorized server. In Fulton, that $50 marshal fee covers service by the county marshal. The alternative is a certified private process server, which is what Reliant Process Solutions does: flat-rate serves from $80, first attempts in 2–3 business days standard, GPS-documented, with a court-ready affidavit of service returned to you. Our post on what happens after you file covers this half of the job in detail.
Step 7: The Defendant's 30 Days
Under O.C.G.A. § 15-10-43(c), the defendant has 30 days from the date of service to file an answer. Two paths from there:
- No answer: you can seek a default judgment. This is why proof of the service date matters — the 30 days runs from service, and a contested service date can unravel a default.
- Answer filed: the court sets a hearing.
Step 8: The Hearing
Magistrate hearings are deliberately informal — no jury box theatrics, no discovery battles, just both sides in front of a magistrate judge telling their story with their paper. Bring everything that documents your claim: the contract, invoices, photos, text messages, receipts, repair estimates. Bring 2 extra copies of each — one for the judge, one for the other side. If your case turns on what a witness saw, bring the witness, not a written statement from them. The judge hears both sides and rules.
Winning gets you a judgment — collecting it is a separate project. Some defendants pay; others require post-judgment tools, and if it comes to garnishing wages or a bank account, our garnishment service guide covers how that stage gets served. In Fulton, for reference, a garnishment filing is another $60 plus $13 for the first marshal service.
If You're the One Being Sued
The same 30-day clock in O.C.G.A. § 15-10-43(c) runs against you from the day you were served. File an answer with the clerk of the court named on the summons — doing nothing is choosing a default judgment, and unwinding one is far harder than answering was. Whether you have defenses worth raising is exactly the kind of question a licensed Georgia attorney answers; the deadline math, at least, is not ambiguous.
Skip the courthouse entirely: Reliant files your Statement of Claim, serves the defendant, and files the proof of service — one order, one flat price. Place your order or call (404) 465-4455.
Frequently Asked Questions
Do I need a lawyer for magistrate court?
No — magistrate court is designed for self-represented parties. Whether you would benefit from one is a different question, especially near the $15,000 cap.
Can I file by mail?
Yes. Self-represented filers may file in person or by mail in every Georgia court, and may e-file voluntarily where the court supports it. Include the correct fee; call the clerk first to confirm the amount.
What does Reliant's part cost?
Serves are flat-rate: $80 for an individual defendant, $95 for a corporate or government defendant, with Next-day Rush at +$35 and Same-day Rush at +$75. The court filing add-on is $45 standard or $75 rush. You get GPS-documented attempts and a court-ready affidavit of service either way.
Is this legal advice?
No. This article is general information about filing procedure in Georgia magistrate courts, not legal advice, and it does not create an attorney-client relationship. We are a filing and process serving company, not attorneys, and we do not recommend legal strategy. Fees and deadlines change; confirm current figures with your county clerk, and consult a licensed Georgia attorney about your specific matter.
FILE IT, SERVE IT, PROVE IT — ONE ORDER
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