Small Claims Court in Chatham County

In Chatham County, GA small claims cases are typically filed in the Magistrate Court. Chatham County has one Magistrate Courthouse that handles small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Chatham Court System.

Small Claims Court

The Magistrate Court of Chatham County, commonly referred to as small claims court,If you’re having a dispute with a person or business over money or property and the amount involved is less than $15,000, you may be able to resolve it through Magistrate Court, often referred to as Small Claims Court.

You can file a case electronically and represent yourself (without a lawyer), or you can choose to hire an attorney at your own cost. The person who files the case is called the Plaintiff, and they must prove to the Judge that they’re entitled to receive compensation from the Defendant (the person or business being sued).

Cases Magistrate Court Handle

Magistrate Court can only hear civil cases involving $15,000 or less.

Kinds of Cases Small Claims Court Handle

Small Claims Court is meant to make resolving everyday legal issues easier and more affordable, no lawyer needed. People often turn to this court to settle things like:

• Disagreements between landlords and tenants
• Personal injury or accident claims
• Stolen or damaged property
• Problems with debt collection
• Disputes over car repairs or construction work
• Issues with defective products
• Broken contracts or unfulfilled verbal agreements

These are just some of the common types of cases people bring to Small Claims Court. If you’re dealing with a similar situation, it might be the right place for you to find a solution.

Where Should You File

You must file the case in the correct location, also known as venue:

• If the Defendant is an individual: File in the county where they live.
• If the Defendant is a corporation: File in the county where the company’s registered agent is located. You can find this info through the Georgia Secretary of State's Corporations Division.
• If it’s a small or unincorporated business: File where the business is physically located.

Costs to File

• Filing fee: $60 for one defendant, plus $8 for each additional defendant.
• Service fee: $50 per defendant if served by the Marshal’s Department, or you can use a private process server.

How to File a Claim

To begin your case, you must file a sworn Statement of Claim electronically with the Magistrate Court Clerk. This document explains who you're suing, why, and how much you're seeking. You can either:

• File the paperwork online, or
• Visit the Clerk’s Office in person
• If filing in person, the statement must be sworn or affirmed in front of a Clerk or be notarized.

What to Include in Your Statement of Claim:

• Your full name, address, and phone number (and your lawyer’s, if you have one)
• The full name and address of the person or business you’re suing
• The amount you’re claiming
• A short explanation of what happened and when
• Copies of supporting documents (e.g., receipts, contracts, canceled checks). Keep the originals for your records

The Clerk's Office can provide the necessary forms and help with the electronic filing process, but they cannot give legal advice.

Important: Be sure the defendant’s address is in Chatham County, or the Marshal’s Department won’t refund the service fee.

To verify an address, try: USPS Zip Code Lookup

After You File

If You’re the Defendant:

• Once you’re served, you have 30 days to respond (called “filing an answer”) electronically. If you miss the deadline, you’ll be considered in default.
• You may still respond between day 31 and day 45 by paying a late court fee.

Counterclaims:

If you're the defendant, you can also file a counterclaim against the plaintiff, as long as it relates to the original dispute and is for $15,000 or less. Both the claim and counterclaim will be heard at the same time.

If the Defendant Doesn’t Respond

If the defendant doesn’t file an answer within 45 days, the plaintiff can request a default judgment, meaning they could win the case automatically. To do this, file a Request for Default (PDF) through eFileGA.

Your Court Hearing

Once an answer is filed, the court will schedule a hearing and notify both parties of the date, time, and location. At the hearing:

• Both sides can present evidence and call witnesses.
• Be sure to bring any documents that support your case (e.g., contracts, photos, receipts).

Mediation

Before the hearing, the court may schedule a mediation session. This is an opportunity to try and settle the case with the help of a neutral mediator at no cost to either party. If mediation doesn’t work, your case will proceed to a hearing.

Bringing Witnesses

If you have witnesses, make sure they come to court in person. Written statements alone are not enough. If you need help getting a witness to appear, request a subpoena from the Clerk’s Office (fees apply).

Default Judgment and the Answer Process

Filing an Answer

• Once a claim is filed, the defendant has 30 days to file an official response (called an “answer”).
• If they miss this deadline, they still have an additional 15 days to file a late answer, but they must also pay the court costs to avoid a default.
• If no answer is filed and court costs aren’t paid during this time, the defendant is considered in default, and the court may enter a judgment in favor of the plaintiff.

Requesting a Judgment

• If the defendant is in default, the plaintiff must request a judgment in writing from the court.
• In some cases, the court may require the plaintiff to appear at a hearing to prove damages. If a hearing is needed, the plaintiff will receive a notice.

How the Judge Reviews the Case

The judge will decide whether to:

• Issue a judgment right away based on the documents submitted, or
• Schedule a hearing to determine the amount of damages owed.

Understanding Types of Damages

• Liquidated Damages -These are fixed, clearly stated amounts, like charges from an invoice or contract. If proper documentation is submitted, the court may issue a judgment without a hearing.
• Unliquidated Damages These are uncertain or estimated amounts, such as those related to personal injury, poor workmanship, or other non-specific losses. Even if the defendant doesn’t respond, the court will usually require a hearing to assess how much is owed.

Judgment Enforcement Options

Once you’ve received a judgment in your favor, you have a few options to try and collect the money. You may want to speak with an attorney or do some research to decide the best path forward. Common methods include:

• Garnishment You can request the court to order a third party, like the defendant’s employer or bank to withhold funds to pay the judgment.
• Writ of Fi. Fa. (Fieri Facias) This allows you to place a lien on the defendant’s real estate. It must be recorded in the Superior Court of the county where the defendant lives.
• Levy The court can authorize the Marshal to seize and sell the defendant’s personal property to pay what’s owed.

How Judgments Affect Credit and Public Records

• The court does not report judgments to credit agencies. However, since court records are public, credit agencies can access and report them.
• If a judgment appears on your credit report and you believe it’s inaccurate, you’ll need to contact the credit bureau directly.
• You can request certified copies of court records for a small fee.
• A credit reporting agency may include a judgment on your credit report for up to 7 years.
• However, the judgment itself remains in the court’s public records indefinitely.

Courthouse Locations:

Chatham County Magistrate Court

133 Montgomery Street, Room 303
Savannah, GA 31401
(912) 652‑7181
https://courts.chathamcountyga.gov/Magistrate

BUILDING HOURS

• Monday - Friday 8:00 a.m. to 5:00 p.m., except court holidays.

CITIES SERVED

• Savannah
• Pooler
• Port Wentworth
• Wilmington Island
• Garden City
• Skidaway Island
• Whitemarsh Island
• Montgomery
• Henderson
• Bloomingdale
• Tybee Island
• Thunderbolt
• Isle Hope
• Dutch Island
• Talahi Island
• Vernonburg

Let Squabble Help You With Your Small Claim at Chatham County

Don't allow the intricacies of the legal system to discourage you from pursuing justice and compensation for your claim. With Squabble, you have a dedicated partner to streamline the process and guide you toward resolution. Whether you're contemplating filing a claim at Chatham County small claims court, Squabble is here to support you at every stage. Reach out to us today to commence your journey toward justice and compensation. Get started today and become one of the 95% of our customers who won or settled their case.