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How much does it cost to file a claim in small claims court in Georgia?
The filing fee is $60 for one defendant and $8 for each additional defendant. Suits may be served by the Marshal’s Department for $50 per party or by a private process server. Filing and service fees may be paid when initially e-filing a case at eFileGA.
How long do you have to take someone to small claims court in Georgia?
Make sure you file your small claims action within the relevant statute of limitations. In every state, Georgia included, there is a time limit on how long you have to file a specific lawsuit. For most lawsuits, you must file your paperwork within two years of the problem arising.
How do I file a small claims suit in Georgia?
The first step in filing a small claims case is to obtain and fill out the necessary forms and pay the required fees. In Georgia, you’ll complete a “Statement of Claim.” You’ll need the name and address of the person or business you’re suing (the defendant).
Are legal fees recoverable in small claims court?
Fixed legal fees is recovered in small claim Under the Practice Direction Rule 45, fixed commencement costs which is fixed legal fees could be recovered to the claimant in case of his winning.
How do I sue someone in Georgia?
You file the complaint or petition with the clerk of court. You generally want to file in the court in the county where the person you are suing lives. Along with the complaint, the court must be told where to serve (give it a copy of it to) the defendant.
Do I need a lawyer for small claims court in Georgia?
In Georgia, the County Magistrate Court, also referred to as the small claims court, handles money claims under $15,000, per Georgia Code15-10-2. A person may file a claim in Magistrate Court with or without an attorney. You may have an attorney represent you if you choose; this would be at your own expense.
How do I sue someone who owes me money in Georgia?
You may file a claim in magistrate court in your own name without an attorney, or you may hire an attorney at your expense. Magistrate court cases are heard and decided by a judge without a jury. In some counties, mediation is recommended or required before a judge will hear the case.
How much is it to file a civil suit in GA?
Civil Case Filing Fees
| Civil Action: CASES WILL NOT BE FILED AND WILL BE RETURNED WITHOUT FILING FEES PAID IN FULL UPON RECEIPT | |
|---|---|
| Each additional address and defendant served | $ 50.00 |
| Total Fee with one service | $260.50 |
| Garnishment: | |
| Filing Fees without service | $210.50 |
How long do you have to file a civil suit in Georgia?
If the defendant doesn’t file an answer to the claim within 30 days, the defendant shall be in default. However, after the expiration of the 30 days, the defendant has 15 days in which to “open the default” by filing an answer and paying court costs.
How long does a plaintiff have to serve a defendant in Georgia?
In Georgia, a defendant, generally, has 30 days to answer a complaint that is properly served on him. If the 30th day is a day on which the courts are closed, then the last day to answer defaults to the next business day. However, the day of service does not count as a day during the 30 days.