Georgia magistrate courts hear civil claims up to $15,000 (O.C.G.A. § 15-10-2), and HB 999 (2026) raises that to $25,000 for cases filed on or after January 1, 2027. A case starts with a statement of claim, and the defendant has 30 days after service to answer or be in default (§ 15-10-43). A business may appear through its own employee in magistrate court, but only a licensed attorney may represent a corporation in a court of record such as state or superior court. After a judgment, garnishment can reach bank accounts and wages.
When a customer owes a few thousand dollars, a full lawsuit in state or superior court can cost more than the debt. Magistrate court, often called small claims court, was built for exactly these cases. Every Georgia county has one, procedures are simpler, and cases usually move faster.
What magistrate court can hear
Under O.C.G.A. § 15-10-2, magistrate courts handle civil claims, including garnishment, where "the amount demanded or the value of the property claimed does not exceed $15,000.00," except matters reserved to superior court. Magistrate court can't grant prejudgment attachment.
That limit is going up. HB 999, passed in 2026, raises it to $25,000, effective January 1, 2027, for actions filed on or after that date. If your claim falls between those amounts, ask a lawyer about timing and the right court before you file.
If your claim is more than the limit, you can't split it into several cases to fit. You either sue in state or superior court or give up the excess.
Starting the case
- File a statement of claim in the magistrate court of the county where the defendant can be sued, usually where an individual lives or where a company keeps its registered office or does business.
- State the amount, what it's for (invoice numbers, dates, the job or order), and attach copies of the invoices, statements, signed terms, and any guaranty.
- Name the right defendant: the legal entity that owes you, plus any personal guarantor. Check the Georgia Secretary of State records for the exact entity name and registered agent.
- Pay the filing and service fees. The court arranges service on the defendant.
Answer, default, and hearing
- The defendant has 30 days after service to answer (§ 15-10-43). The answer can be written or given orally to the clerk or judge.
- No answer means default. The defendant can open it within 15 days by filing an answer and paying costs.
- On a liquidated claim (a fixed amount, like an unpaid invoice), the plaintiff can get a default judgment "without further proof." An unliquidated claim needs a hearing on damages.
- If the defendant answers, the court sets a hearing. Bring originals, a ledger, and a witness who knows the account.
Can a business appear without a lawyer?
In magistrate court, yes. O.C.G.A. § 15-10-43(i) says nothing prohibits "an employee of any corporation or other legal entity from representing the corporation or legal entity before the magistrate court," and the Uniform Magistrate Court Rules let a business designate a full-time officer or employee as its agent. Many counties use a designation-of-agent form, so check with your county's magistrate court.
The rule is different in higher courts. The Georgia Supreme Court held in Eckles v. Atlanta Technology Group (1997) that "only a licensed attorney is authorized to represent a corporation in a proceeding in a court of record, including any proceeding that may be transferred to a court of record from a court not of record." If the case is appealed or transferred to state or superior court, or if the defendant counterclaims for more than magistrate court can hear, the business needs a lawyer.
After you win: collecting the judgment
A judgment is a court order, not a check. If the debtor doesn't pay, Georgia's garnishment law lets a judgment creditor collect from third parties holding the debtor's money (O.C.G.A. Title 18, Chapter 4):
- You need a judgment first (§ 18-4-3), then file an affidavit and the clerk issues a summons of garnishment.
- A garnishment served on a bank reaches funds held over the next five days; a continuing garnishment on wages runs up to 1,095 days (§ 18-4-4).
- Wage garnishment is capped at the lesser of 25% of the debtor's weekly disposable earnings or the amount above $217.50 a week (§ 18-4-5).
- Against a business debtor, bank garnishments and garnishing customers who owe the debtor money are often most effective.
Before you file
- Send a written demand with the balance, interest, and any attorney's fee clause. See invoices, late fees, and interest.
- Check your deadline: four years on an open account, six on a written contract.
- On construction jobs, a mechanic's lien or bond claim may protect you better and has much shorter deadlines. See the Construction Payment Guide.
- Consider whether the debtor can pay. A judgment against a closed company with no assets may not be worth the effort, unless there's a personal guaranty.
Magistrate court vs. state or superior court
| Magistrate court | State or superior court | |
|---|---|---|
| Dollar limit | Up to $15,000 ($25,000 for cases filed from Jan. 1, 2027) | No upper limit |
| Starting document | Statement of claim | Complaint |
| Time to answer | 30 days after service | 30 days after service |
| Business without a lawyer | May appear through an employee | Corporations must use a lawyer |
| Typical speed and cost | Faster and less expensive | Longer, with formal discovery |
Frequently Asked Questions
What is the small claims limit in Georgia?
Up to $15,000 today (O.C.G.A. § 15-10-2). HB 999 (2026) raises the limit to $25,000 for cases filed on or after January 1, 2027.
Can my employee represent my company in magistrate court?
Yes. O.C.G.A. § 15-10-43(i) allows an employee of a corporation or other legal entity to represent it before the magistrate court. Many counties have a form to designate the employee as the company's agent.
Do I need a lawyer if the case moves to state or superior court?
For a corporation, yes. The Georgia Supreme Court held in Eckles (1997) that only a licensed attorney may represent a corporation in a court of record, including a case transferred from magistrate court.
How much of someone's wages can be garnished in Georgia?
Generally the lesser of 25% of weekly disposable earnings or the amount above $217.50 a week (O.C.G.A. § 18-4-5). Support and some other debts follow different rules.
Sources
- O.C.G.A. § 15-10-2 (magistrate court jurisdiction)
- HB 999 (2026), Section 3, raising the limit to $25,000, as passed
- O.C.G.A. § 15-10-43 (magistrate civil procedure)
- Eckles v. Atlanta Technology Group, 267 Ga. 801 (1997)
- O.C.G.A. § 18-4-3 (garnishment after judgment)
- O.C.G.A. § 18-4-4 (garnishment periods)
- O.C.G.A. § 18-4-5 (wage garnishment limits)
This guide is general information about Georgia law as of October 30, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Talk to a lawyer about your situation before you rely on a deadline or rule described here.