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To begin the process of filing a small claims case, you must first fill out a Statement of Claim Form and a Sheriffs Entry of Service Form. On these forms, you will put the name and address of the person or corporation you are suing, state the exact amount of money you are suing for and explain why you are suing.
You have a limited amount of time to bring a lawsuit, regardless of the Georgia court in which you file. The statute of limitations for injury cases is two years, and four years for property damage matters. Oral and written contracts are four and six years, respectively.
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.
If you cannot resolve a dispute with a business or a person and the amount in controversy is less than $15,000, you may electronically file a case in Magistrate court. You may electronically file in your own name without an attorney or you may hire an attorney at your own expense.
Court Fees Filing Fees$402.00Civil Filing fee$505.00Appeal Fee$39.00Appeal to a district judge from a judgment or conviction by a magistrate in a misdemeanor case$5.00Writ of Habeas Corpus23 more rows
You'll have to bring it within the statute of limitations period for your particular case. For example, you'll have two years for injury cases, four years for property damage matters, and two and four years for oral and written contracts, respectively. If you don't file within this period, you lose your right to sue.
The jurisdictional limit in Magistrate Court is $15,000. If the claim exceeds the jurisdictional limit, the Court does not have jurisdiction to hear the case.
The filing fee is $60 for one defendant and $8 for each additional defendant. Suits may be served by the Marshal's Department for $50 per party or by a private process server. Filing and service fees may be paid when initially e-filing a case at eFileGA.