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Small claims forms · Georgia

Georgia small claims court forms, filled in for you

Answer a few questions once. Vera fills in the Georgia court's own forms from your answers, walks you through anything left, and gives you one packet to file, with how to file it.

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If you were sued: your answer is due 30 days after you were served. Source: the Notice and Summons on the Statement of Claim (MAG 10-01).

To sue (you're the plaintiff)

  • Statement of Claim (MAG 10-01)

    The court's own form (georgiamagistratecouncil.com)

    What to know
    • This is the Council of Magistrate Court Judges' form, filed at the Magistrate Court. "A clerk of court can help you fill out the forms, but they're not lawyers and can't give you legal advice" (the Council's forms page, Forms Usage Alert). The Notice and Summons is on the same page, so there is no separate summons to fill in.
    • "Suing someone in Magistrate Court is a 'small claim.'" "The amount of money involved must be $15,000.00 or less," and the court "can only give you a judgment for money that is owed you" (the Council's Forms Usage Alert).
    • "The party being sued needs to be sued in the county where they live." A business can be sued "in the county where the 'agent for service' lives, or where they are in business" (the Council's Forms Usage Alert). Vera filled the county from your court's name: check it.
    • Vera filled the case number if your case has one, your name on the first plaintiff line and the other side's on the first defendant line, and from your answers in Court forms each side's street and city, state and ZIP on the lines under the name, and if you said you are suing a second defendant, their name and address under "Defendant's Name & Address (If two Defendants)". "It's up to you to know the correct legal name of the business" (the Council's Forms Usage Alert); the Council's form MAG 10-09 Filing Claims, Listing the Correct Party or Business Entity explains how to list one. The form has no line for a business's registered agent, so Vera leaves the agent off it (the form).
    • From your answers Vera also filled item 2, "a brief statement giving reasonable notice of the basis for each claim" (why the money is owed, how you added up the amount, when it happened, and any interest rate and start date you gave), the amount in item 3 as principal and, if you said you ask for interest, the interest amount you gave after it, and your daytime phone. It marked Suit on Account if you said the claim is an unpaid bill or account, or Other with your choice (a security deposit, damage to your property, an injury) on its line. In item 1 it marked "the Defendant(s) is a resident of ___ County" with this court's county only if you said the defendant is a person who lives in this county, and "other (please specify)" if you said you file here for another reason: then write that reason on its line (the form). Check each one.
    • Still yours: for a loan, another agreement, rent or something else, mark Suit on Note, Suit on Account or Other (with what it is) as fits; Vera marks none, since each could be more than one of them. Also item 1 if Vera did not mark it (for example for a business, or where the claim happened here), and the costs in item 3 (the form).
    • The claim is sworn: the plaintiff or agent swears "on oath" that it is "a just and true statement" before a "Notary Public/Attesting Official" (the form). Vera fills none of the oath. Print your name on the line before "being duly sworn", and sign in front of the notary or clerk. The Date Filed, the case number if you have none, and the Notice and Summons date and signature are for the court.
    • "You may come to court with or without an attorney" (the Notice and Summons on the Statement of Claim). If a party is a business, the Council's form MAG 11-02 Designation of Agent for Business Entity certifies, "Pursuant to O.C.G.A. § 15-10-43(i) and Uniform Magistrate Court Rule 31," that a named "full-time employee or officer" has been designated to represent the business in the case (the form).
    • The defendant must be served. "The Marshall or Sheriff's Office will attempt to serve your filing for a reasonable fee", and "the name and address must be correct. (No PO boxes.)" If they do not succeed, "it's up to you to hire a process server" (the Council's Forms Usage Alert). The Council's forms page also lists a Motion for Appointment of Special Agent and a Waiver of Service of Summons.
    • The Notice and Summons gives the defendant 30 days after service to answer, in writing or orally in person to the judge or clerk, and says "The court will hold a hearing on this claim at a time to be scheduled after your answer is filed" (the form). "If no answer is filed 45 days after service" you may be entitled to a default judgment, and "All default judgments require a military affidavit" (the Council's Forms Usage Alert); the Council's forms page lists an Affidavit of Military Service.
    • Vera does not know the filing fee. "You may want to contact the court where you will be filing to check on the amount of the filing fee and the requirements for filing" (MAG 10-02 General Instructions).
    • If your claim is for the return of a residential security deposit, you file this same form: no separate deposit form is listed (the Council's forms page, "Claims"). Vera has not confirmed Georgia's deposit-return law on an official source, so these notes give no deadline or penalty for it.
    • Do not put full account numbers, Social Security numbers or birthdates in a filing: use x's except for the last four digits or the year of birth (the Council's Forms Usage Alert).

If you were sued (you're the defendant)

  • Answer / Counterclaim of Defendant(s) (MAG 10-03)

    The court's own form (georgiamagistratecouncil.com)

    What to know
    • The Notice and Summons on the plaintiff's Statement of Claim says: "YOU ARE REQUIRED TO FILE or PRESENT AN ANSWER ... TO THIS CLAIM WITHIN 30 DAYS AFTER SERVICE OF THIS CLAIM UPON YOU. IF YOU DO NOT ANSWER, JUDGMENT BY DEFAULT WILL BE ENTERED AGAINST YOU." An oral answer "MUST BE IN PERSON"; "NO TELEPHONE ANSWERS ARE PERMITTED"; and your answer "must be RECEIVED by the clerk within 30 days of the date of service" (MAG 10-01). Count from the day you were served.
    • This is the Council of Magistrate Court Judges' form, filed at the Magistrate Court. "A clerk of court can help you fill out the forms, but they're not lawyers and can't give you legal advice" (the Council's forms page, Forms Usage Alert).
    • Vera filled the caption from your case: the county when your court's name gives it (it prints on all three pages), the case number if your case has one, the plaintiff on the first plaintiff line and you on the first defendant line, and from your answers in Court forms both sides' street and city, state and ZIP. Check the names and addresses against the Statement of Claim, and add any other party. The Date Filed is for the clerk (the form).
    • The form lists: 1 you admit the claim, 2 you ask for a payment schedule, 3 you deny it (say why), or 4 you counterclaim ("a brief statement giving reasonable notice of the basis for each claim") (the form). From your answers Vera marked 1 if you said you do not dispute the claim, or 3 with your reason if you dispute all of it, and 4 with the amount, what it is for and when it happened only if you said you are suing the plaintiff back. If you dispute only part of the claim, the form has no box for that: Vera marks neither 1 nor 3, so decide which fits and write what you dispute, how much you agree you owe, and why (the form). Box 2 is yours to mark.
    • If your words do not fit their box, Vera adds a sheet at the end with them in full. Pages 2 and 3 of the form are also for more room: mark Denial of Claim or Counterclaim at the top of the one you use (the form).
    • "If you admit to the Plaintiffs' claim but need additional time to pay, you must come to the hearing in person and tell the court your financial circumstances" (the Notice and Summons, MAG 10-01).
    • The answer is sworn before a "Deputy Clerk / Notary Public" (the form). Vera fills none of the oath. Print your name on the line before "being first duly sworn", mark Defendant or Defendant's Agent, and sign in front of the clerk or notary.
    • "You may come to court with or without an attorney" (the Notice and Summons on the Statement of Claim). If a party is a business, the Council's form MAG 11-02 Designation of Agent for Business Entity certifies, "Pursuant to O.C.G.A. § 15-10-43(i) and Uniform Magistrate Court Rule 31," that a named "full-time employee or officer" has been designated to represent the business in the case (the form).
    • The hearing is set after your answer is filed. "If you have witnesses, books, receipts, or other writings bearing on this claim, you should bring them to court at the time of your hearing" (the Notice and Summons, MAG 10-01).
    • "You must certify that EVERYTHING you file with the court after the initial filing has been copied and sent to the other party" (the Council's Forms Usage Alert); the Council's forms page lists a Certificate of Service.
    • Do not put full account numbers, Social Security numbers or birthdates in a filing: use x's except for the last four digits or the year of birth (the Council's Forms Usage Alert).

Checked against the court's own forms and rules. Courts change forms; check with the clerk before you file. This page is general information, not legal advice.