Georgia Small Claims Forms

Georgia Small Claims Court FAQ

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

Who may file a claim in small claims court?  An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of  Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. 

What happens if the defendant does not appear at trial?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

Top Questions about Georgia Small Claims Forms

  • How to file small claims in Georgia?

    To file small claims in Georgia, start by gathering all relevant information and documentation related to your case. Then, complete the necessary Georgia Small Claims Forms accurately and file them at your local court. Additionally, be prepared to present your case clearly on the day of your hearing, ensuring you understand the process to achieve the best outcome.

  • Is suing someone worth it?

    Suing someone can be worth it if the amount in dispute justifies the effort and potential costs involved. Small claims court offers a streamlined process for resolving disputes without the complexities of higher courts. With the right forms, specifically Georgia Small Claims Forms, you can effectively present your case and seek justice without incurring excessive expenses.

  • What is the lowest amount for small claims court?

    In Georgia, the minimum amount you can claim in small claims court is $15. This provides a low barrier for individuals seeking justice over smaller disputes. Remember, you must use Georgia Small Claims Forms to file your claim properly, regardless of the amount you are pursuing.

  • Is small claims court even worth it?

    Yes, small claims court can be worth it for many people seeking resolution for disputes. This court allows you to handle issues without the need for expensive attorney fees or lengthy legal processes. By utilizing Georgia Small Claims Forms, you can streamline your case and make the process simpler, giving you a viable path to recover what you are owed.

  • What percentage of people win in small claims court?

    In small claims court, roughly 50% of cases result in a favorable judgment for the plaintiff. However, success often depends on how well you present your case and organize your evidence. Using Georgia Small Claims Forms can help ensure that you have all necessary information and documentation prepared, which increases your chances of winning.

  • How to fill out a statement of claim form?

    To fill out a statement of claim form, start by clearly stating your name, address, and contact information at the top. Next, include the details of your claim, the amount sought, and any relevant dates. Utilize Georgia Small Claims Forms to ensure that you have the correct format and required information. Finally, review your form for accuracy before submitting it to the court.

  • Can you sue for emotional distress in small claims court?

    Suing for emotional distress in small claims court can be complex. Generally, small claims courts focus on tangible damages rather than emotional claims. While some jurisdictions allow emotional distress claims, they typically require solid evidence to support them. Consider consulting Georgia Small Claims Forms and a legal expert to understand your options better.

  • What is the best evidence for small claims court?

    The best evidence for small claims court includes documents, photographs, contracts, and witness statements that support your claim. Make sure to organize these materials in a clear and concise manner. Utilizing Georgia Small Claims Forms effectively will also help you present your evidence in an organized fashion. Strong evidence can significantly influence the court’s decision in your favor.

  • What is the small claims limit in North Carolina?

    While this question pertains to North Carolina, understanding the limits is crucial. In North Carolina, the limit for small claims court is typically $10,000. This is a separate jurisdiction from Georgia small claims, where the limit currently stands at $15,000. Always double-check your local laws to ensure you comply with the correct amounts.

  • How do I take someone to small claims court in Georgia?

    To take someone to small claims court in Georgia, first ensure that your claim falls within the small claims limit. Next, gather evidence and complete the Georgia Small Claims Forms to file your claim at the appropriate court. After filing, serve the defendant with court papers to notify them of the case. Following these steps diligently increases your chances of a successful resolution to your dispute.