How to file a small claims case in Georgia to try to recover money owed
In Georgia, most money-claims against individuals or small businesses are started by filing a written, verified statement of claim in the magistrate court (sometimes called small claims). The statement must give the defendant reasonable notice of the basis for each claim and include the plaintiff's preferred address for hearing notices. See O.C.G.A. § 15-10-43.
After filing, the clerk issues a summons for service. Service may be personal, at the defendant's dwelling by leaving a copy with a suitable resident, or to an authorized agent. If a defendant files or presents an answer, the court proceeds with scheduling and hearing according to magistrate court rules. See O.C.G.A. § 9-11-4 and Ga. Unif. Mag. Ct. R. 34.
Current Georgia law
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The deadline that matters
A defendant has 30 days after service of the statement of claim to file or orally present an answer to avoid a default under O.C.G.A. § 15-10-43.
What Georgia law says
The law requires a plaintiff to commence an action by filing a verified statement of claim that gives the defendant reasonable notice of the claim and the plaintiff's address for hearing notices under O.C.G.A. § 15-10-43. Upon filing, the clerk must issue a summons for service under O.C.G.A. § 9-11-4. Court filing requires payment of the proper filing fee or a pauper’s affidavit and any required forms as stated in Ga. Unif. State Ct. R. 36.10. If a defendant does not file a defensive pleading, a plaintiff seeking a default judgment must certify service and related details under Ga. Unif. Mag. Ct. R. 43.1. Oral answers and counterclaims may be presented in person and must be reduced to writing by the clerk or judge under Ga. Unif. Mag. Ct. R. 34.
What to do
A common first step is to prepare a concise, verified statement of claim that states the basis for the money owed and lists the defendant's last known address (see O.C.G.A. § 15-10-43).
A common next step is to file the claim with the magistrate or state court clerk with the required filing fee or pauper’s affidavit and any required forms under Ga. Unif. State Ct. R. 36.10.
A common option is to arrange for proper service of the claim and summons by an authorized server or person appointed by the court, following the service methods in O.C.G.A. § 15-10-43 and O.C.G.A. § 9-11-4.
A common step if the defendant files no answer is to prepare a certification of service and proposed default materials consistent with Ga. Unif. Mag. Ct. R. 43.1.
A common step if an answer is filed orally is to have the clerk or judge reduce it to writing and proceed to a hearing or scheduling under Ga. Unif. Mag. Ct. R. 34.
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Common questions
Who can serve the summons after I file a claim?
Service may be made by an authorized official (sheriff or deputy), a constable, a person specially appointed by the court, or a private individual who is not a party and who makes proof of service as required by O.C.G.A. § 15-10-43 and O.C.G.A. § 9-11-4.
Must the statement of claim be verified?
Yes, the plaintiff or the plaintiff’s agent must sign and verify the statement of claim by oath or affirmation as required by O.C.G.A. § 15-10-43.
What happens if the defendant files an answer?
If an answer is timely filed or presented, the court must proceed to schedule further steps; oral answers are reduced to writing by the clerk or judge under Ga. Unif. Mag. Ct. R. 34.
Are there rules about paying filing fees when filing a claim?
Complaints must be filed only when accompanied by the proper filing fee, sheriff fee, or a pauper’s affidavit and any required forms as stated in Ga. Unif. State Ct. R. 36.10.
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This page provides legal information only, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
