Aerial view of Atlanta towers and green space, home to busy magistrate courts in Fulton County

Statements of claim up to $15,000

Magistrate Court and Small Claims Service in Georgia

Georgia's magistrate courts hear civil claims up to $15,000, and many filers have no lawyer. Delator Field Services delivers statements of claim through a server who meets the magistrate court's requirements under O.C.G.A. 15-10-43, records the time and place in a signed affidavit, and confirms the price in writing before the first attempt.

  • Claims up to $15,000
  • Server matched to the magistrate court
  • Affidavit of time and place
Submit a Serve Call (629) 310-8667
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  • 159Magistrate courts, one per county
  • $125Routine starting rate, Fulton County
  • 1.5x / 2x / 3xUrgent, Rush and Same Day multiples
  • SignedAffidavit of time and place

Quick answer

Who can serve small claims papers in Georgia?

Under O.C.G.A. 15-10-43(b), a magistrate court statement of claim may generally be served by an official or person authorized to serve process in superior court, a constable, or a competent, disinterested adult specially appointed by the judge. We confirm which the court accepts and assign accordingly; the who can serve process guide explains each category.

01What magistrate court hears

Georgia Magistrate Courts and the $15,000 Limit

Every one of Georgia's 159 counties has a magistrate court, and together they seat 528 magistrates. Under O.C.G.A. 15-10-2, they hear civil claims, including garnishment and attachment, where the amount in controversy is no more than $15,000, along with dispossessory and distress warrants, subpoenas, warrant applications, ordinance violations and certain misdemeanors. HB 1017 (2024) added proceedings against squatters and intruders. What most people call small claims court in Georgia is this civil side of magistrate court.

The $15,000 limit is the number to use today. SB 405 (2026), which would raise it to $50,000, was introduced on January 15, 2026, and we have seen no later action on it. Justia also marks the current text of 15-10-2 as effective until January 1, 2027, with a later version to follow, and we have not confirmed what that version changes. Filers close to that date should check the current statute or ask the clerk before relying on any figure.

Magistrate court is designed to be usable without a lawyer, and the forms are short. Service is the step that trips people up, because the court cannot move forward until the defendant has been properly served and the proof is on file. That is where small claims service in Georgia fits: we deliver the statement of claim, document it, and return proof you can file. Our statewide Georgia process server page covers the other courts whose papers we handle.

  • Civil claims up to $15,000
  • Garnishment and attachment within the limit
  • Dispossessory and distress warrants
  • Squatter and intruder proceedings since 2024
Clipboard with a notepad, like the attempt log behind small claims service in Georgia
Photo: aceofnet / Unsplash

02Authorized servers

Who May Serve a Magistrate Court Statement of Claim

Section 15-10-43(b) sets three categories. The statement of claim may be served by an official or person authorized by law to serve process in superior court, by a constable, or by a competent and disinterested adult specially appointed by the judge. The first category points back to the Civil Practice Act, which generally includes sheriffs, court-appointed and permanent process servers, and certified process servers in counties whose sheriff accepts them. Each magistrate court applies these categories through its own forms and orders.

County practice shows the variety. Gwinnett County Magistrate Court maintains a private process servers list, decides permanent process server applications quarterly on its MAG 25-78 forms, and lists servers through a stated expiration date. Chatham County Magistrate Court links a standing order on private process servers that references 15-10-43. In Fulton County, the Sheriff's Civil Section handles superior court papers, while state and magistrate court papers sent for official service go to the Marshal.

Delator Field Services does not claim any Georgia certification, appointment or court list of its own. Before accepting a magistrate claim, we confirm what the filing court accepts and assign a server who meets that court's requirements, all in writing with the price. If the court requires official service for your paper, we tell you and point you to the sheriff, marshal or constable. Our Gwinnett County process server page and Fulton County process server page describe those two systems in detail.

03How delivery works

Personal, Abode and Agent Service, and Claims Against Out-of-County Defendants

The methods in 15-10-43(b) mirror the familiar ones: personal delivery to the defendant, delivery at the defendant's dwelling or usual place of abode to a person of suitable age and discretion who resides there, or delivery to an agent authorized to receive service. Our affidavit says which method was used, describes the person who received the papers, and explains why the server concluded that person lived at the address when abode service was used.

Geography matters more in magistrate court than many filers expect. The statute contemplates service within the county, and a defendant in another Georgia county is generally served by second original under O.C.G.A. 9-10-72, meaning the clerk issues a second original of the claim for service where the defendant lives. Ask the clerk how that court handles second originals before you send us the papers, because the paperwork you receive determines who can serve it and where.

Very small claims have one more rule worth knowing. Under the Civil Practice Act at 9-11-4(e)(6), for claims under $200 and after reasonable efforts at personal service, papers may generally be posted on the door of the abode and mailed the same day by certified or registered mail or statutory overnight delivery. Whether a particular magistrate court applies that provision to its claims is a question for the clerk or a lawyer. Our step-by-step guide to serving legal papers in Georgia covers the general methods.

04After service

The 30-Day Answer, Reopening a Default and Filing Proof

Once a magistrate court statement of claim is served, the defendant generally has 30 days to answer, and the answer may be written or oral. If the defendant misses the deadline and a default follows, 15-10-43 generally allows the default to be opened within 15 days by filing an answer and paying costs. Those deadlines all run from the service date, so the date on our affidavit is the number everything else depends on.

A private individual proves service of a magistrate claim by affidavit stating the time and place of service. Our affidavit does that and more: it identifies the person served, the method, the address and each earlier attempt. That detail helps if the defendant later says the papers never arrived or went to the wrong person. File the affidavit promptly; the court cannot enter a default or schedule a trial on a claim it cannot see was served.

Before a default judgment against an individual, the Servicemembers Civil Relief Act generally requires the plaintiff to file an affidavit stating whether the defendant is in military service. Courts must appoint an attorney before entering a default against a servicemember. The Defense Department's SCRA website is the public check most filers use. If you are unsure whether this applies, ask the clerk, because a default entered without the affidavit can be set aside. Our hard-to-serve defendants page explains what happens when a defendant avoids the door before any default question arises.

Printer paper beside a laptop, preparing a magistrate court statement of claim for service
Photo: Markus Winkler / Unsplash

05For people without a lawyer

What Self-Represented Filers Should Send Us

Many of the people who use small claims service in Georgia are representing themselves: a contractor owed for a job, a landlord seeking unpaid rent after a tenant moved out, a buyer who never received what they paid for. We cannot give legal advice, choose the right court or fill out your forms. What we can do is make the service step predictable, explain our process in plain language and give you proof you can file with confidence.

Send the filed statement of claim with the case number, the defendant's full name, every address you know, a description or photo if you have one, and the court date if one has been set. If the defendant is a business, include its exact name as filed. If you received a second original for a defendant in another county, send that version. We confirm the county rate, the tier and the assigned server in writing before anyone goes to the address.

Price matters on small claims, and we publish ours. Routine service starts at $125 in counties such as Fulton, DeKalb, Cobb, Gwinnett, Clayton and Chatham, and every Georgia county has a published figure on our Georgia process server rate map. Court filing fees are separate and paid to the clerk. If the sheriff or marshal would serve your paper for less and timing is not a concern, we will tell you so.

06Common claims

Suing a Business, a Former Tenant or a Contractor

Claims against companies are common in magistrate court, and they are served differently from claims against individuals. Under O.C.G.A. 9-11-4(e)(1), a corporation is generally served through its president or another officer, a managing agent at a Georgia office, or its registered agent, and if none can be served, the Secretary of State may become its agent after the statute's mailing and certification steps. We confirm the current registered agent before quoting, as our registered agent service page explains.

Landlords often bring two separate cases. A dispossessory recovers possession, but after tack-and-mail service a money default generally cannot be entered unless the tenant answers or appears. A separate statement of claim for back rent or damages, served personally or at the tenant's new residence, can fill that gap. The rules for the dispossessory summons itself are different and vary by county, which our Georgia eviction and dispossessory service page explains before you choose a server.

Contractors, small lenders and sellers bring a steady share of claims as well, and their defendants are sometimes hard to reach at home. We vary attempt times across mornings, evenings and weekends and log every visit. For claims where a witness must appear at the hearing, our Georgia subpoena service delivers the subpoena with any out-of-county fee and mileage tender the law requires.

07A Georgia-specific angle

After Judgment: Garnishment Papers and Busy Metro Magistrate Courts

Winning a judgment is not the same as collecting it. Georgia garnishment under O.C.G.A. 18-4-8 starts with serving the garnishee, often an employer or bank, under the Civil Practice Act, and in magistrate court the plaintiff may use the court's constable. Within three business days after the garnishee is served, the defendant must receive notice, which may be done by mail or by personal delivery from a non-party adult, a court-appointed or permanent process server, a sheriff, marshal or constable, or a certified process server, who then files a certification with the clerk.

No funds may be paid out until at least ten days after the certificate of compliance is filed, so the notice step directly affects how fast a judgment creditor sees money. We can handle personal delivery of the defendant's notice where the statute allows a listed server to deliver it, and we return a record suited to the clerk's certification. Ask the court which garnishment forms it uses before sending them to us; our process serving for Georgia attorneys page covers volume collection work.

Metro magistrate courts are busy, and their logistics differ. Fulton County Magistrate Court sits in the Justice Center Tower at 185 Central Ave. S.W., with the clerk in Suite TG-100. Clayton County's court is in the Harold R. Banke Justice Center at 9151 Tara Blvd. in Jonesboro. Chatham County lists the Coleman Courthouse at 133 Montgomery St. and the Gadsden Courthouse at 400 W. Oglethorpe Ave., with the clerk temporarily on the fifth floor in Room 501. Our Clayton County process server page and Chatham County process server page cover those courts.

Services

Magistrate Court Papers We Serve in Georgia

How it works

How Magistrate Court Service Works With Us

  1. 01

    File, then send

    File your statement of claim with the magistrate court first, then send us the filed copy, the case number, the defendant's addresses and any court date.

  2. 02

    We confirm the court's rule

    We check which servers the magistrate court accepts for that paper and confirm the county rate, tier and assigned server in writing before any attempt.

  3. 03

    Attempts are logged

    The server attempts delivery at varied times, records who answered and what was said, and serves by the method the statute allows at that address.

  4. 04

    File the affidavit

    You receive a signed affidavit stating the time, place and manner of service, plus the attempt log, ready to file with the magistrate court.

Compare

Georgia Magistrate Court Service Basics

QuestionGeneral answerSource
Claim limit$15,000O.C.G.A. 15-10-2
Who may serveSuperior court process servers, a constable, or a judge-appointed adultO.C.G.A. 15-10-43(b)
Defendant in another countySecond originalO.C.G.A. 9-10-72
Answer deadline30 days, written or oralO.C.G.A. 15-10-43(c)
Reopening a defaultWithin 15 days, answer and pay costsO.C.G.A. 15-10-43(d)

Statewide coverage

Georgia Cities With Busy Magistrate Dockets

Magistrate filings arrive from every county, and the city pages list each local court with its published rate. The Atlanta process server page covers Fulton and DeKalb claims, the Lawrenceville process server page covers Gwinnett, and the Albany process server page covers Dougherty County in southwest Georgia. Coastal claims run through Savannah, and middle Georgia claims through Macon and Warner Robins. If your city is not listed, the statewide rate table still applies.

FAQ

Frequently asked questions

What is the small claims limit in Georgia?

Georgia's magistrate courts hear civil claims up to $15,000 under O.C.G.A. 15-10-2. A 2026 bill, SB 405, would raise the limit to $50,000, but we have seen no action on it after its introduction, so $15,000 remains the figure to use. Check the current statute or ask the clerk if you are filing near January 1, 2027.

Can a private process server serve small claims papers in Georgia?

Often, yes. Section 15-10-43(b) allows service by anyone authorized to serve process in superior court, by a constable, or by an adult the judge specially appoints. Each court applies that through its own forms and lists, so we confirm what the filing court accepts and assign a server who meets it.

How much does small claims service in Georgia cost?

Our price comes from the defendant's county. Routine starts at $125 in counties such as Fulton, Gwinnett, Clayton and Chatham, with Urgent, Rush and Same Day Rush at 1.5, 2 and 3 times. Filing fees are separate. Every county appears on the Georgia rate map, and the final price is confirmed in writing first.

The defendant lives in another county. What do I do?

A magistrate claim against a defendant in another Georgia county is generally served by second original under O.C.G.A. 9-10-72. Ask the clerk how that court issues second originals, then send us the version you receive. Our price is based on the county where the defendant will be served.

How long does the defendant have to answer?

Generally 30 days after service, and the answer may be written or oral. If a default is entered, it can generally be opened within 15 days by filing an answer and paying costs. All of those periods run from the service date, which our affidavit records precisely.

How do I prove the defendant was served?

A private individual proves service of a magistrate claim by affidavit stating the time and place. Our affidavit also identifies the person served, the method and each earlier attempt. File it with the magistrate court promptly so the case can move forward.

Can you serve a business I am suing in magistrate court?

Yes. Businesses are generally served through an officer, a managing agent or the registered agent, with a Secretary of State fallback if none can be served after the statute's steps. We confirm the current registered agent first; see our registered agent service page for details.

Can you help me collect after I win?

We can serve garnishment papers where the law allows. O.C.G.A. 18-4-8 lets the defendant's notice be personally delivered by a non-party adult, a court-appointed or permanent process server, a sheriff, marshal or constable, or a certified process server. Ask the court for its garnishment forms first; our attorney process serving page covers collection volume.

Do you give legal advice about my claim?

No. We serve papers and document the service. We can explain our own process and what the statute says in general terms, but questions about which court to use, what to claim or how to respond to a defense belong with the clerk's self-help resources or an attorney.

What if the defendant keeps avoiding service?

We vary attempt times across mornings, evenings and weekends and log every visit, which gives you a record of diligence. If personal and abode service keep failing, ask the court about other options. Our guide for when someone avoids service explains the choices people usually consider.

Service areas

Process servers across Georgia

Delator Group is headquartered in Nashville, Tennessee. Work in Georgia is managed by Delator Group leadership; Photography: Kaleb East / Unsplash · aceofnet / Unsplash · Markus Winkler / Unsplash. Last reviewed .

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Delator Field Services · A division of Delator Group

Serve Your Georgia Magistrate Claim

Send the filed claim and the defendant's addresses, or call (629) 310-8667. We confirm the court's rule, the county rate and an assigned server in writing, then return a signed affidavit ready to file.

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