Who Can File a Small Claims Case in Georgia

Who Georgia permits to file

Georgia allows a small claims case to be brought by:

• Any individual 18 years of age or older
• Partnership
• Corporation or other legal entity — may be represented before the magistrate court by a non-attorney officer or employee rather than an attorney (O.C.G.A. Title 15, Ch. 10, Art. 3; confirmed via Gwinnett County Magistrate Court's official civil-jurisdiction page, which quotes this rule but the exact subsection could not be pinned down because the official LexisNexis/Georgia Code Revision Commission statute pages are CAPTCHA-gated and could not be opened directly)

Whoever files has to be the person or entity that actually holds the claim. Suing in your own name over a debt owed to your company — or the reverse — is the kind of defect a defendant raises at the hearing.

In Georgia, if the claim is based on a written agreement, a copy must be attached to the claim form when you file.

Claim limit

$15,000

Court

Magistrate Court

File online

Yes (statewide)

Appeal window

30 days

The three that catch people out

Can I sue as my LLC or company?

Georgia permits it, and the form needs the full registered legal name and address of the entity — not the trading name. Some courts also limit how a company may be represented at the hearing.

Can I sue on behalf of someone else?

Generally only the person who holds the claim may bring it. Otherwise you cannot file for a friend, a relative or a tenant — they file for themselves.

Do I need a lawyer?

No. Small claims exists so that people can represent themselves, and most attorneys will not take a case of this size. That is the whole design of the division.

Common questions

Who can file a small claims case in Georgia?

Any individual 18 years of age or older; Partnership; Corporation or other legal entity — may be represented before the magistrate court by a non-attorney officer or employee rather than an attorney (O.C.G.A. Title 15, Ch. 10, Art. 3; confirmed via Gwinnett County Magistrate Court's official civil-jurisdiction page, which quotes this rule but the exact subsection could not be pinned down because the official LexisNexis/Georgia Code Revision Commission statute pages are CAPTCHA-gated and could not be opened directly).

Can an LLC or corporation file small claims in Georgia?

Yes. The claim form requires the entity's full legal business name, address and phone.

Can I sue someone in Georgia if I live in another state?

Usually yes — what matters is that the court has jurisdiction over the defendant, which normally means suing where the defendant lives or where the dispute happened, not where you live.

Do I need a lawyer to file small claims in Georgia?

No. Magistrate Court small claims is designed for self-representation.