How to File a Small Claims Lawsuit in Georgia

In Georgia, the defendant must file an answer within 30 days, or lose by default.

Small claims lawsuits give the average person an opportunity to recoup damages from another individual or business. In Georgia, a small claims lawsuit can be filed for damages up to $15,000. Small claims lawsuits can be filed for everything from unnecessary automobile repairs to unpaid loans. Although some states prohibit attorneys from being present during small claims hearings, Georgia does not. An attorney can even file the small claims lawsuit for you.

Things You'll Need

• Evidence to support your claim
• Defendant's legal name and address

Instructions

1. Determine if you have a case. Cases often taken to smalls claims court include accident disputes, damaged goods and landlord-tenant disputes. If you are able to provide some form of proof to back your claim, you have a valid claim.

2. Determine the location to file the suit. In Georgia, the small claims suit should be filed in the county where the defendant lives. If you do not have the defendant's address, you may have to employ an investigator to locate his address.

3. File a sworn statement with the clerk of the magistrate's office. The statement, or statement of claim, should include the reason for the suit, the plaintiff's and defendant's contact information and any evidence you may have.

4. Pay the filing fee. The filing fee in Georgia varies by county. The magistrate's clerk will be able to provide you with the exact amount you need to pay.

5. Wait for the court date. The defendant in the case has 30 days to respond to the claim. Within 15 to 30 days after the defendant's response, you will receive notice of the court date and time.

Tips & Warnings

• You will not have to serve the defendant. The magistrate's court will serve the defendant once the claim is filed.

• The judge may send the case to remediation before the hearing.

• The small claims process isn't necessarily over just because you filed a claim, went to trial and won a court judgment. You may need to take action and spend money to enforce the judgment. The court will not collect the judgment for you, according to Lawyers.com. Further steps such as working out a payment plan with the defendant, or seeking wage garnishment or property lien may be necessary.

References

• Lawyers.com: Georgia Small Claims
• Governor's Office of Consumer Affairs: Magistrate Court