What follows is a brief but informative summary of rules, procedures, and filings requirements for small claims court in Georgia. Keep in mind that rules and laws change. It’s always a good idea to confirm the rules with the court or with further research.
Georgia has no Small Claims Court. Cases are heard in Magistrate Court.
Maximum Jurisdictional Dollar Amount: The maximum dollar amount is $15,000.
Where Suit May Be Brought: Case may be brought where the defendant resides.
Proper Manner of Service of Process upon Defendant: Service may be made by Constable or court-approved adult.
How the Hearing Date Is Selected: The hearing date is set by the court.
Attorney Representation Rule: Attorneys are allowed.
Special Provisions Regarding Transfer or Jurisdiction of Cases: If defendant counterclaims for more than $15,000, the case may be transferred to an upper court.
Availability of Appeals: Either litigant may appeal for a new trial to Superior Court within 30 days.
Special Rules and Notes: Injunctive relief is available. Defendant must answer within 30 days or lose by default. Jury trials are not available. The court may order installment payments. Defendant must answer complaint (in writing or orally) within 30 days to avoid default.
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Michael Spadaccini is the author of 8 books on self-help legal matters such as, Ultimate LLC Compliance Guide: Covers All 50 States (Ultimate Series), Ultimate Book of Forming Corps, LLCs, Partnerships & Sole Proprietorships, and Ultimate Guide to Forming an LLC in Any State, Second Edition (Ultimate Series).
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