Georgia · Property damage

Property damage in Georgia small claims

Someone damaged your property? Recover in small claims.

When someone damages your property — a neighbor, a tenant, a contractor, or another driver — small claims court is often the fastest and least expensive way to recover. Your case turns on proving who caused the damage, the extent of the damage, and what it costs to repair or replace. Documentation is everything: photos of the damage, repair estimates, and any witnesses or communications that establish fault.

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.

Property damage: steps that matter

1. Photograph and video the damage immediately and in detail, before any repairs are made.
2. Get at least one written repair estimate from a professional to establish the dollar value of your claim.
3. Identify any witnesses and note their contact information.
4. Send a written demand to the responsible party stating the amount you are seeking and why, and keep proof you sent it.
5. File in the court for the county where the damage occurred or where the defendant is located.

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 property damage

A property damage claim typically falls under the property damage statute of limitations in the state where the damage occurred. If the damage arose from a breach of contract — for example, a service provider who caused damage — the contract period may also be relevant. Confirm which deadline applies to your specific claim with the court.

Property damage: 4 years (O.C.G.A. § 9-3-31)

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 property damage claim with your court before relying on any figure.

Georgia small-claims forms for your property damage 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.