Georgia · Bad purchase or private sale

Bad purchase or private sale in Georgia small claims

Sold something defective or got ripped off? Recover in small claims.

If you bought something through a private sale — a used car, furniture, equipment, or other goods — and the seller misrepresented what they were selling, sold you something that didn't work, or never delivered at all, small claims court is the straightforward way to get your money back. Your case depends on showing what was promised, what you paid, and what you actually received.

In Georgia, small-claims cases are heard in the Magistrate Court and you can sue for up to $15,000.

Good to know: Georgia small-claims cases are heard in the county Magistrate Court, which has civil jurisdiction up to $15,000 (O.C.G.A. 15-10-2). Note: in 2023 Georgia overhauled how magistrate-court judgments are reviewed, replacing the old "de novo appeal" with a "petition for review" to the State or Superior Court.

Bad purchase or private sale: steps that matter

1. Gather your bill of sale, listing, texts, emails, or any description of what you were buying and what was promised.
2. Document the defect or non-delivery with photos, videos, or a professional assessment if the item can be inspected.
3. Send a written demand for a refund or the promised goods with a clear deadline, and keep proof you sent it.
4. File in the court where the seller lives or where the sale took place, within the statute of limitations below.

Filing your Statement of Claim (Form MAG 10-01) in Georgia

1. Complete the Statement of Claim (Form MAG 10-01). Fill in the parties' names and addresses, the amount you are owed (up to $15,000), and the reason for the claim. File it with the Magistrate Court clerk in the county where the defendant lives.
2. File and pay the fee. File the Statement of Claim with the Magistrate Court clerk and pay the filing fee. If you cannot afford the costs, file a Pauper's Affidavit asking the court to waive them.
3. The sheriff serves the defendant. The sheriff serves a copy of the Statement of Claim on the defendant. You cannot serve the papers yourself.
4. The defendant answers within 30 days. The defendant has 30 days from service to file an answer. If they do not respond, you may seek a default judgment.

Filing fees: Filing and service fees are set by the county Magistrate Court and vary; confirm the current amount with the court. A Pauper's Affidavit lets you ask the court to waive costs if you cannot afford them.

Deadline that applies to your bad purchase or private sale

A claim over a bad purchase or private sale is typically a contract claim — the seller promised goods that were not as described or not delivered. If the goods also caused property damage, a property damage period may apply. The limitations clock generally starts from the date of sale or the date you discovered the defect.

Written contract: 6 years (O.C.G.A. § 9-3-24)

Answering a lawsuit: The defendant must file an answer within 30 days after being served (O.C.G.A. 15-10-43). If they miss it, the court may enter a default judgment; the defendant then has 15 more days to open the default by filing a late answer and paying costs.

Serving the defendant: The sheriff serves a copy of the Statement of Claim on the defendant; the court may also allow leaving a copy at the defendant's home with a suitable person or delivery to an authorized agent (O.C.G.A. 15-10-43). The plaintiff cannot serve the papers personally.

Appeals: Either party may seek review of a Magistrate Court judgment by filing a Petition for Review with the State Court or Superior Court within 30 days (O.C.G.A. 5-3-7(b), under the Superior and State Court Appellate Practice Act effective July 1, 2023; magistrate appellate jurisdiction under O.C.G.A. 15-10-41).

All Georgia small-claims deadlines

The table below lists the filing deadlines Magistrate Court applies by claim category. Confirm the exact rule that applies to your bad purchase or private sale claim with your court before relying on any figure.

Georgia small-claims forms for your bad purchase or private sale case

These forms are published by the Magistrate Court. Download and complete them before filing.

• Statement of Claim (Form MAG 10-01): Starts a Georgia Magistrate Court small-claims case.
• Answer and Counterclaim of Defendant (Form MAG 10-03): Lets a Georgia defendant answer and, if needed, counterclaim.
• General Instructions for Civil Filings (Form MAG 10-02): Official statewide instructions for filing a magistrate civil or small-claims case.
• Pauper's Affidavit: Requests a waiver of court costs for a party who cannot afford to pay.

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Georgia Judicial Branch: Magistrate Court Forms and Information. Last reviewed 2026-06-23.