Civil Division

The Magistrate Court is Georgia’s “Small Claims” Court. Small Claims hears claims that do not exceed $15,000.00, the Court can hear and decide most matters, including: loans, damage suits, accounts, personal property foreclosures and dispossessories. It is designed to be a forum where a party can pursue a claim with or without an attorney.

How to File Your Claim

The clerk’s office provides forms for filing claims. These forms are available online or at the Clerk’s Office, which is located on the 2^nd floor of the Harold R. Banke Justice Center. The telephone number for the Clerk’s Office is (770) 477-3443 and is open from 8am-5pm Monday-Friday.

Service of the Claim

A copy of the claim must be given to the defendant personally. You must provide the defendant’s home address or another location at which he/she may be personally given a copy of your claim.

If Your Claim Goes to Trial

You must be on time to court. If you are late or you are not present to court, your case may be dismissed, without the opportunity to be heard.

If you choose to handle your case without the assistance of an attorney, the same rules of law and evidence applies as in any other court.

Employees of the Magistrate Court are not allowed to give legal advice. If you need to seek the advice of legal counsel, please contact the Clayton County Bar Association at telephone number (770) 477-3380, the Georgia Bar Association at telephone number (404) 527-8700, or Atlanta Legal Aid at telephone number (404) 366-0586.

Please be prepared to bring all of your evidence to court with you on the date of your court appearance. This may include witnesses, documents, photos, etc. You can subpoena a witness by going through the Magistrate Court Clerk’s Office.