--- name: ga-magistrate description: > Use for any Georgia Magistrate Court matter — the small-claims and limited-jurisdiction civil court with statement-of-claim practice and deliberately informal procedure. Civil jurisdiction is capped (verify the current O.C.G.A. § 15-10-2(5) cap); dispossessory (eviction), garnishment, and attachment within the cap are also heard. Triggers: "Georgia small claims", "Magistrate Court Georgia", "magistrate court statement of claim", "answer a magistrate suit", "sued for under the cap in Georgia", "appeal magistrate de novo", "dispossessory warrant", "garnishment magistrate court", "can a company sue me in magistrate court", "small claims jurisdictional limit Georgia". KEY POINTS: procedure is informal (CPA and evidence rules relaxed; parties appear pro se; corporations may appear through an officer or agent); appeal is DE NOVO to State or Superior Court. Layers on top of `ga-statewide-format`. version: 0.1.0 --- # Georgia Magistrate Court (Small Claims) — O.C.G.A. § 15-10-2 > **NOT LEGAL ADVICE.** These notes describe the venue's procedural > mechanics as a drafting aid, not legal advice. Magistrate Court > rules, county practices, and the jurisdictional cap change; verify > with the Magistrate Court clerk and the current Uniform Magistrate > Court Rules before relying on anything here. A default or a missed de > novo appeal deadline has real, fast consequences — respond promptly > and consider consulting a licensed Georgia attorney or a legal-aid > clinic. Use this skill in addition to `ga-statewide-format` when the matter is in a Georgia **Magistrate Court** — the small-claims, limited- jurisdiction civil court that sits in **every county**. It is built to be usable by self-represented parties: pleadings are simple, the procedure is informal, and the dollar stakes are capped. ## Jurisdiction and the dollar cap Magistrate Court civil jurisdiction is set by **O.C.G.A. § 15-10-2**. The core grants the bundle cares about: - **Civil claims up to the statutory cap (O.C.G.A. § 15-10-2(5))** — the cap is **$15,000** (exclusive of interest, costs, and attorney's fees). Note: this figure has stood at **$15,000 since 1999**, and a **2024 amendment did not raise it** — but treat "$15,000" as a figure to **verify against the current § 15-10-2(5) cap** before relying on it. - **Dispossessory (eviction) proceedings (O.C.G.A. § 15-10-2(6))** — the dollar cap **does not apply** to the money judgment in a dispossessory action; the court can enter a possession-and-rent judgment exceeding the cap. See `ga-county-courts` for county variations in dispossessory practice. - **Garnishment and attachment within the cap** — post-judgment garnishment and statutory attachment may be heard. **There is no prejudgment attachment** in Magistrate Court. - Distress warrants and certain other limited proceedings. A claim **above** the § 15-10-2(5) cap belongs in **State Court** (any amount, see `ga-state-court`) or **Superior Court**. ## Informal procedure (O.C.G.A. §§ 15-10-40 to 15-10-53) The defining feature of Magistrate Court is its **informality**. Under **O.C.G.A. §§ 15-10-40 to 15-10-53** and the **Uniform Magistrate Court Rules**: - The full **Civil Practice Act** and the **rules of evidence are relaxed** — the proceeding is summary and the magistrate is not bound by the formalities that govern a State or Superior Court trial. - **Parties appear pro se** as the norm; the process is designed for self-represented litigants. - **Corporations and other entities may appear through an officer or agent** (not only through a licensed attorney) — a notable departure from higher-court practice. - Pleading is by **statement of claim**, not a formal CPA complaint (below). Because the rules are relaxed, do **not** import a State-Court motion form, a § 9-11-56 summary-judgment timeline, or formal CPA discovery into a Magistrate case as if it controlled — check whether the Uniform Magistrate Court Rules provide for the mechanic first. The informality favors a self-represented defendant, but it also lets a debt-buyer plaintiff try to prove up an account without the evidentiary formalities a higher court would require — so scrutinize the plaintiff's proof and the **chain of title** (see `ga-consumer-debt`). ## Statement-of-claim practice and the answer - **Commencement** — the plaintiff files a short **statement of claim** describing the demand; the clerk issues a summons and the defendant is served. - **Answer** — the defendant responds within the period set by the statute and the Uniform Magistrate Court Rules (an answer may be oral or written depending on county practice). **Confirm the current answer deadline** with the Magistrate Court clerk before calendaring. A general denial puts the plaintiff to its proof. - **Default** — failure to answer/appear can result in a default judgment for the plaintiff; the magistrate may require proof of the claim and damages. Act before the deadline. See `ga-first-30-days` for the answer framework (adapted to the informal posture). ## DE NOVO appeal to State or Superior Court A party who loses in Magistrate Court has a **de novo** appeal — a **brand-new trial** in the higher court, not a record-review appeal: - **General civil appeal (O.C.G.A. § 15-10-41(b))** — appeal is **de novo** to the **State Court** (if the county has one) or the **Superior Court**, perfected within the rule's deadline. **Confirm the current § 15-10-41(b) appeal window** — it is short. - **Dispossessory appeals (O.C.G.A. § 44-7-56)** — eviction judgments appeal under the dispossessory statute on its own (also short) timeline; a tenant who appeals to remain in possession faces pay-rent-into-the-registry conditions. **Confirm the current § 44-7-56 deadline and conditions** — missing them forfeits the appeal and possession. On a de novo appeal the case is tried anew in the destination court as if it had originated there — the destination court and its full CPA procedure live in `ga-state-court` (or, for superior-exclusive subjects, the Superior Court via `ga-county-courts`). ## Caption — Magistrate Court variant ``` MAGISTRATE COURT OF [COUNTY] COUNTY STATE OF GEORGIA [PLAINTIFF], ) ) Plaintiff, ) Civil Action File No. _________ ) v. ) ) [DEFENDANT], ) ) Defendant. ) STATEMENT OF CLAIM / [DOCUMENT TITLE] ``` Most Magistrate Courts supply a fill-in **statement-of-claim** form; when drafting a free-form paper, the caption reads **"MAGISTRATE COURT OF [COUNTY] COUNTY / STATE OF GEORGIA"** with a **"Civil Action File No. ____"**. See `ga-statewide-format` for the pleading-paper baseline and the pro se signature block; the magistrate form may supersede the full formal layout — confirm with the clerk. **Agent behavior:** before drafting, confirm (1) the claim falls **within the current § 15-10-2(5) cap** (or is a dispossessory / garnishment matter where a different rule applies), (2) the **answer deadline** and the **de novo appeal window** (O.C.G.A. § 15-10-41(b); dispossessory under § 44-7-56), (3) whether the county supplies a **statement-of-claim form** and accepts oral vs. written answers, and (4) the county's **e-filing posture** (Magistrate e-filing is often optional — see `ga-county-courts`). Treat the Uniform Magistrate Court Rules as the controlling rule set and do not assume full CPA procedure applies. ## Composition - For statewide format and the Georgia caption: `ga-statewide-format` - For the destination of a de novo appeal (civil-any-amount forum): `ga-state-court` - For per-county Magistrate practice, dispossessory variations, and e-filing posture: `ga-county-courts` - For the answer / general denial and default avoidance: `ga-first-30-days` - For consumer-debt defenses (chain of title, account-stated, SOL): `ga-consumer-debt` - For deadline computation and Georgia legal holidays: `ga-deadlines` - For assembling and filing a packet: `ga-file-packet` - For citation verification: `ga-fact-check` ## References - `references/magistrate-jurisdiction.md` — O.C.G.A. § 15-10-2 grants, the § 15-10-2(5) civil cap, and § 15-10-2(6) dispossessory - `references/informal-procedure.md` — O.C.G.A. §§ 15-10-40 to 15-10-53 informal procedure, statement-of-claim practice, and entity appearance through an officer or agent - `references/de-novo-appeal.md` — O.C.G.A. § 15-10-41(b) de novo appeal and § 44-7-56 dispossessory appeals