Prepare your documents for Small Claims in Georgia

This website helps prepare the forms required for Small Claims in Georgia.

Start

HOW IT WORKS

1. Take Screening

Start with an online screening tool to help you determine which small claims-related legal option best fits your situation.

2. Prepare Documents

Instead of looking at the forms themselves, our system will help you complete your filing documents by having you answer all of the necessary information by topic. We will ask you questions in plain and non-legal language. To make this process as simple as possible, our system will then generate your response anywhere it is needed on the forms.

3. Consult Advocate (Optional)

You can consult a small claims advisor to get guidance on your case. If you're filing or responding to a small claims case, an advisor can help you understand the process and your legal options. They can review your documents, explain court procedures, and assist you in preparing for your hearing.

4. File with the Clerk

You can start your small claims case in Georgia by filing a Plaintiff’s Claim with the Magistrate Court in the county where the defendant lives or where the dispute occurred. Filing can usually be done in person or by mail, depending on the county. Contact the Clerk of the Magistrate Court in your county to obtain the correct forms, detailed filing instructions, and information about filing fees.

Process

Step 1

You: Take Online Screening

Begin your small claims process in Georgia by taking the screening on LegalAtoms. Enter your zip code in the top right corner of the homepage, then answer a few questions about your situation and the dispute. This screening helps confirm whether your case qualifies for Georgia Small Claims Court and identifies the specific forms and steps required in your county. LegalAtoms will customize the process to match your county’s local rules.

Before starting, gather all documents and evidence that support your claim.

Step 2

You: Gather Evidence and Prepare to File Your Small Claims Case

Start by collecting all documents that support your small claims case in Georgia, such as:

Any written agreements or contracts related to your dispute
Proof of payment or nonpayment, like receipts, invoices, or bank statements
Emails, text messages, or letters exchanged with the other party
Photos, videos, or other evidence that support your claim

Next, make sure your case qualifies for Georgia Small Claims Court (generally for disputes of $15,000 or less) and complete the required court forms, such as the Plaintiff’s Claim. You must file your case in the Magistrate Court in the county where the defendant lives or where the dispute occurred.

Keep copies of all documents and evidence, as you’ll need them for your hearing and when serving the defendant. For filing, contact the Clerk of the Magistrate Court in your county for forms, instructions, and fee information.

Step 3

You: Wait for the Required Time Before Filing (If Applicable)

Before filing a small claims case in Georgia, it’s a good practice to send a written demand for payment or resolution to the other party and allow a reasonable time for them to respond, typically 10 to 30 days.

If the issue is resolved during this period (for example, through payment or a settlement), you may not need to file a case. If the other party fails to respond, refuses to pay, or disputes your claim, you can proceed by filing a Plaintiff’s Claim with the Magistrate Court in the county where the defendant lives or where the dispute occurred.

Step 4

You: Create Your Small Claims Case on LegalAtoms

Log into your LegalAtoms account, or create one if you don’t already have an account. On your dashboard, select Start New Case and choose Georgia as state and select Small Claims as the case type. The platform will guide you step by step through entering:

The defendant’s full name and contact information
A description of your dispute and the amount you are claiming
Uploading supporting evidence such as contracts, receipts, messages, or photos

LegalAtoms will automatically prepare the required Georgia Magistrate Court small claims forms based on your answers and your local county’s requirements.

Review all documents carefully, then digitally sign them within the platform. If your county supports e-filing, you can submit your forms directly through LegalAtoms. Otherwise, download the complete packet to print and file in person with the Clerk of the Magistrate Court in the appropriate county.

Step 5

You: Serve the Defendant with the Plaintiff’s Claim and Order to Go to Small Claims Court

After you file your case in Georgia, the Magistrate Court will issue a Summons and a copy of your Plaintiff’s Claim for the defendant. You are responsible for serving the defendant, which can usually be done by:

The sheriff
A private process server
Certified mail (return receipt requested), if allowed by the court

If you use the sheriff or a process server, you may need to provide copies of the documents and pay any required service fees (or request a fee waiver if eligible). If serving by certified mail, the court clerk can assist with preparing the notice.

Once the defendant is served, the proof of service (from the sheriff, process server, or mail receipt) must be filed with the court to confirm the defendant was properly notified.

Step 6

Wait for the Defendant’s Response

After the defendant is served with the court papers in Georgia Small Claims Court, they are generally not required to file a written response. Both you and the defendant are expected to appear in court on the scheduled hearing date.

During this time, the defendant may:

Contact you to attempt a settlement or resolution before the hearing
Gather and prepare evidence and arrange for any witnesses to appear in court
File a counterclaim if they believe you owe them money—this must be filed with the court before the hearing, within the deadline provided by the court clerk

This ensures both parties are prepared and have a fair opportunity to present their case.

Step 7

You: Obtain Final Judgment and Enforce the Court’s Decision

At the end of your Georgia small claims hearing, the judge will issue a final judgment. If the court rules in your favor and the defendant does not pay voluntarily, you can take enforcement actions, such as:

Filing a Request for Judgment Debtor Examination to learn about the defendant’s income and property
Requesting wage garnishment to collect money directly from the defendant’s paycheck
Garnishing the defendant’s bank account, if allowed by law
Placing a lien on the defendant’s real estate
Asking the sheriff to seize and sell non-exempt personal property

In Georgia, you should generally wait at least 30 days after the judgment to allow the defendant time to file an appeal before beginning enforcement actions.

FAQs

What Is a Small Claims Case?

What is a valid reason for filing a small claims case in Georgia?

In Georgia, a valid reason for filing a small claims case is any dispute involving a monetary claim or property where the amount in controversy is $15,000 or less. Common valid reasons include:

Unpaid debts or loans – Someone owes you money and has not paid.
Unpaid rent or security deposit disputes – Landlord-tenant issues involving rent, deposits, or property damage.
Breach of contract – A contract was not honored, such as for services, sales, or repairs.
Property damage – Someone damaged your property and refuses to pay for repairs.
Return of personal property – You want an item returned that belongs to you.
Consumer disputes – Issues with goods or services, such as faulty products or unfulfilled service agreements.

The key requirement is that the claim must fall within the financial limit and involve a civil dispute, not criminal matters.

What is the small claims process in Georgia?

The small claims process in Georgia is a simplified legal procedure designed to resolve disputes involving money or property, usually when the amount in question is $15,000 or less. The process begins with determining whether your claim qualifies for small claims court, ensuring it is a civil matter rather than a criminal issue.

Before filing, it is important to gather all evidence to support your case, including contracts, receipts, invoices, emails, text messages, letters, photos, or videos. Many people also choose to attempt an informal resolution by sending a written demand for payment or settlement to the other party and allowing a reasonable time, typically 10 to 30 days, for them to respond. If the issue is resolved during this period, filing a case may not be necessary.

How long does the small claims process take in Georgia?

What happens if my filing is rejected?

When will I hear back about my filing?

In Georgia, after you file a small claims case, you will typically hear back from the Magistrate Court clerk within a few days to a couple of weeks, depending on the county’s workload. The court does not usually send a decision at this stage; instead, the clerk will confirm that your Plaintiff’s Claim has been accepted, provide a case number, and give you information about the next steps, such as serving the defendant and the scheduled hearing date.

Can I Sue Someone in Small Claims Court Without Going to Court in Georgia?

Are there fees associated with filing a small claims case in Georgia?

Where Can I Get Help with Small Claims Issues in Georgia?

If you're seeking assistance with a small claims issue in Georgia, several resources are available to help you navigate the process:

Legal Aid Organizations

Georgia Legal Services Program (GLSP): Provides free civil legal services to low-income individuals across Georgia, including assistance with small claims matters. You can contact them at (833) 457-7529 or visit their website at glsp.org.
Atlanta Legal Aid Society: Offers free legal help to low-income residents in the metro Atlanta area. They can be reached at (404) 524-5811 or through their website at atlantalegalaid.org.

Court Forms Created This website guides you through all the topics required to complete your small claims court documents and file your case.

Core Forms

Statement of Claim
Designation of agent for business entity
Affidavit of Military Service
Sheriff Entry of Service

Fee Waiver

Affidavit Of Eligibility To Proceed In Forma Pauperis