Statutory changes in Georgia law have made "Small Claims Court" much more useful to the layperson.  Jurisdiction of the "Small Claims Court," has been raised to $15,000, permitting a wide variety of cases to be decided in these courts.  These courts, called "Magistrate Court" in Georgia, are operated as a division of the State Court of each county in Georgia.  For example, the small claims court in Fulton County is the Magistrate Division of the State Court of Fulton County.

Lawyers are not required in order to assert a claim in Magistrate Court.  To initiate a case, take the name and address of the party with whom you have a dispute to the Clerk of the Magistate Court in the county where the defendant lives or maintains its business office.  The Clerk of the Magistrate Court will assist you in filling out the appropriate paperwork which will then be mailed to the defendant by the Clerk.  The paperwork sent to the defendant describes how an answer is to be submitted.  The Clerk will set a date for a hearing, and will notify both parties when to appear to present their evidence.  A Magistrate Court judge decides the case, and issues a judgment for the prevailing party.

The Magistrate Court will not collect the judgment rendered by the court.  Enforcement of the judgment is the responsibility of the prevailing party.

Be aware that the decision of the Magistrate Court is not binding if the losing party properly files an appeal for a "trial de novo" in the State Court.

The Uniform Magistrate Court Rules have been posted to the Internet by the Gwinnett County Judicial Circuit.