The Magistrate Court of Fulton County is also referred to as small claims court. You can electronically file a claim when you are seeking $15,000.00 or less.
You file the complaint or petition with the clerk of court. You generally want to file in the court in the county where the person you are suing lives. Along with the complaint, the court must be told where to serve (give it a copy of it to) the defendant.
You start a lawsuit by filing a complaint. In some circumstances, you file a petition or a motion. The court has several complaint forms that you may use in drafting your complaint. The forms are available online and at the Pro Se Intake Unit.
The Plaintiff (the one filing the action) must electronically file a sworn statement with the Clerk of Magistrate Court, describing the charges against the Defendant (the person or business against whom the claim is brought). This Statement of Claim provides each party with the reason for the lawsuit.
Courts in multiple Georgia Counties are collaborating to simplify civil e-filing in the state, and eFileGA provides one location for attorneys and courts to search for existing cases across counties. The system streamlines the filing processes and eliminates the need to file paper documents at the clerk's counter.
Go to the Circuit Clerk's Office at the courthouse in the proper county and explain to the clerk that you wish to file a Small Claims Complaint. The Circuit Clerk's Office normally has -2- Page 3 The person filing the complaint is called the "plaintiff" and the person being sued is called the "defendant".
You can file a claim for which you are seeking $15,000 or less. If your claim exceeds $15,000 principal, the Magistrate Court does not have jurisdiction (the legal authority) to hear your case, and it must be filed in another court; such as, Superior Court.
How Does Georgia Small Claims Court Work? A small claims case starts by filing a claim with the Georgia Magistrate Court. You'll serve a copy of the claim and court date on the "defendant," the person or company you're suing. At the trial, you'll present evidence supporting your case.