Georgia · Unpaid wages

Unpaid wages in Georgia small claims

Employer didn't pay what you're owed? Small claims can help.

If an employer has not paid wages, final paychecks, overtime, or promised bonuses, small claims court is one avenue to recover — and in many states, wage claims can also be filed with the state labor or wage-and-hour agency as a separate (sometimes faster) process. Your strongest evidence is documentation of the hours worked, the agreed pay rate, and what was actually paid, along with any employment agreement or pay stubs.

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.

Unpaid wages: steps that matter

1. Gather your employment agreement, pay stubs, timesheets or other hours records, and any written communication about your pay rate or the amount owed.
2. Calculate the exact amount you are owed: hours worked times rate, minus any payments already received.
3. Check whether your state's labor or wage-and-hour agency offers a separate wage claim process that may be faster or recover more.
4. Send a written demand to your employer stating the amount owed and a deadline to pay, and keep proof you sent it.
5. File in the court for the county where you worked or where the employer is located, within the applicable deadline.

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 unpaid wages

An unpaid wages claim can be framed as a contract claim (you worked under an agreement and were not paid) or as a statutory wage claim under your state's labor laws. The applicable statute of limitations may differ depending on the theory used; state wage statutes sometimes provide their own shorter or longer deadlines. Confirm which period governs your situation with the court or your state's labor agency.

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 unpaid wages claim with your court before relying on any figure.

Georgia small-claims forms for your unpaid wages 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.