ga-magistrate · diff
v0.1.0 to v0.1.0
170 added, 29 removed. Audit A to A.
---
name: ga-magistrate
description: >
- Use when drafting or filing in a Georgia Magistrate Court — the small-claims and limited-jurisdiction civil court (statement-of-claim practice, informal procedure, jurisdictional dollar cap). Triggers include "Magistrate Court", "small claims Georgia", "statement of claim", "answer a magistrate suit", and de novo appeal to State or Superior Court. Layers on top of `ga-statewide-format`.
+ Use for any Georgia Magistrate Court matter — the small-claims and
+ limited-jurisdiction civil court with statement-of-claim practice and
+ deliberately informal procedure. Civil jurisdiction is capped (verify
+ the current O.C.G.A. § 15-10-2(5) cap); dispossessory (eviction),
+ garnishment, and attachment within the cap are also heard. Triggers:
+ "Georgia small claims", "Magistrate Court Georgia", "magistrate court
+ statement of claim", "answer a magistrate suit", "sued for under the
+ cap in Georgia", "appeal magistrate de novo", "dispossessory warrant",
+ "garnishment magistrate court", "can a company sue me in magistrate
+ court", "small claims jurisdictional limit Georgia". KEY POINTS:
+ procedure is informal (CPA and evidence rules relaxed; parties appear
+ pro se; corporations may appear through an officer or agent); appeal
+ is DE NOVO to State or Superior Court. Layers on top of
+ `ga-statewide-format`.
version: 0.1.0
---
- # Georgia Magistrate Court (Small Claims)
+ # Georgia Magistrate Court (Small Claims) — O.C.G.A. § 15-10-2
- > **TODO**: Author substantive content. This is a scaffolded
- > stub. Research the Georgia analog from authoritative sources
- > before writing — do not search-and-replace from another
- > state plugin.
+ > **NOT LEGAL ADVICE.** These notes describe the venue's procedural
+ > mechanics as a drafting aid, not legal advice. Magistrate Court
+ > rules, county practices, and the jurisdictional cap change; verify
+ > with the Magistrate Court clerk and the current Uniform Magistrate
+ > Court Rules before relying on anything here. A default or a missed de
+ > novo appeal deadline has real, fast consequences — respond promptly
+ > and consider consulting a licensed Georgia attorney or a legal-aid
+ > clinic.
- > **NOT LEGAL ADVICE.** These notes describe the venue's
- > procedural mechanics as a drafting aid, not legal advice.
- > Local rules and judge-specific practices change; verify
- > with the clerk and the current local rules before relying
- > on anything here.
+ Use this skill in addition to `ga-statewide-format` when the matter is
+ in a Georgia **Magistrate Court** — the small-claims, limited-
+ jurisdiction civil court that sits in **every county**. It is built to
+ be usable by self-represented parties: pleadings are simple, the
+ procedure is informal, and the dollar stakes are capped.
- ## State context
+ ## Jurisdiction and the dollar cap
- - **State**: Georgia
- - **Format rule**: O.C.G.A. § 9-11-10 + Uniform Superior Court Rules
- - **Civil rules**: Georgia Civil Practice Act (O.C.G.A. Title 9, Ch. 11)
- - **Evidence rules**: Georgia Evidence Code (O.C.G.A. Title 24)
- - **Style manual**: Georgia appellate citation (Bluebook-based)
+ Magistrate Court civil jurisdiction is set by **O.C.G.A. § 15-10-2**.
+ The core grants the bundle cares about:
- ## What to author
+ - **Civil claims up to the statutory cap (O.C.G.A. § 15-10-2(5))** —
+ the cap is **$15,000** (exclusive of interest, costs, and attorney's
+ fees). Note: this figure has stood at **$15,000 since 1999**, and a
+ **2024 amendment did not raise it** — but treat "$15,000" as a
+ figure to **verify against the current § 15-10-2(5) cap** before
+ relying on it.
+ - **Dispossessory (eviction) proceedings (O.C.G.A. § 15-10-2(6))** —
+ the dollar cap **does not apply** to the money judgment in a
+ dispossessory action; the court can enter a possession-and-rent
+ judgment exceeding the cap. See `ga-county-courts` for county
+ variations in dispossessory practice.
+ - **Garnishment and attachment within the cap** — post-judgment
+ garnishment and statutory attachment may be heard. **There is no
+ prejudgment attachment** in Magistrate Court.
+ - Distress warrants and certain other limited proceedings.
- 1. Description: replace the placeholder with realistic trigger
- phrases for how a Georgia pro se filer would ask about this
- 2. Body: substantive content matching the role
- 3. Composition notes: which other ga- skills this layers
- with
- 4. References: the supporting `references/*.md` files
+ A claim **above** the § 15-10-2(5) cap belongs in **State Court** (any
+ amount, see `ga-state-court`) or **Superior Court**.
- ## Cross-references
+ ## Informal procedure (O.C.G.A. §§ 15-10-40 to 15-10-53)
- - `ga-statewide-format` for format baseline
- - `ga-state-court` for the next civil-court layer up / de novo appeal
- - `ga-pro-se` for pro se conventions
- - `ga-consumer-debt` for debt-defense substance
+ The defining feature of Magistrate Court is its **informality**. Under
+ **O.C.G.A. §§ 15-10-40 to 15-10-53** and the **Uniform Magistrate
+ Court Rules**:
+
+ - The full **Civil Practice Act** and the **rules of evidence are
+ relaxed** — the proceeding is summary and the magistrate is not
+ bound by the formalities that govern a State or Superior Court trial.
+ - **Parties appear pro se** as the norm; the process is designed for
+ self-represented litigants.
+ - **Corporations and other entities may appear through an officer or
+ agent** (not only through a licensed attorney) — a notable
+ departure from higher-court practice.
+ - Pleading is by **statement of claim**, not a formal CPA complaint
+ (below).
+
+ Because the rules are relaxed, do **not** import a State-Court motion
+ form, a § 9-11-56 summary-judgment timeline, or formal CPA discovery
+ into a Magistrate case as if it controlled — check whether the Uniform
+ Magistrate Court Rules provide for the mechanic first. The informality
+ favors a self-represented defendant, but it also lets a debt-buyer
+ plaintiff try to prove up an account without the evidentiary
+ formalities a higher court would require — so scrutinize the
+ plaintiff's proof and the **chain of title** (see `ga-consumer-debt`).
+
+ ## Statement-of-claim practice and the answer
+
+ - **Commencement** — the plaintiff files a short **statement of
+ claim** describing the demand; the clerk issues a summons and the
+ defendant is served.
+ - **Answer** — the defendant responds within the period set by the
+ statute and the Uniform Magistrate Court Rules (an answer may be
+ oral or written depending on county practice). **Confirm the current
+ answer deadline** with the Magistrate Court clerk before
+ calendaring. A general denial puts the plaintiff to its proof.
+ - **Default** — failure to answer/appear can result in a default
+ judgment for the plaintiff; the magistrate may require proof of the
+ claim and damages. Act before the deadline. See `ga-first-30-days`
+ for the answer framework (adapted to the informal posture).
+
+ ## DE NOVO appeal to State or Superior Court
+
+ A party who loses in Magistrate Court has a **de novo** appeal — a
+ **brand-new trial** in the higher court, not a record-review appeal:
+
+ - **General civil appeal (O.C.G.A. § 15-10-41(b))** — appeal is **de
+ novo** to the **State Court** (if the county has one) or the
+ **Superior Court**, perfected within the rule's deadline. **Confirm
+ the current § 15-10-41(b) appeal window** — it is short.
+ - **Dispossessory appeals (O.C.G.A. § 44-7-56)** — eviction judgments
+ appeal under the dispossessory statute on its own (also short)
+ timeline; a tenant who appeals to remain in possession faces
+ pay-rent-into-the-registry conditions. **Confirm the current
+ § 44-7-56 deadline and conditions** — missing them forfeits the
+ appeal and possession.
+
+ On a de novo appeal the case is tried anew in the destination court as
+ if it had originated there — the destination court and its full CPA
+ procedure live in `ga-state-court` (or, for superior-exclusive
+ subjects, the Superior Court via `ga-county-courts`).
+
+ ## Caption — Magistrate Court variant
+
+ ```
+ MAGISTRATE COURT OF [COUNTY] COUNTY
+ STATE OF GEORGIA
+
+ [PLAINTIFF], )
+ )
+ Plaintiff, ) Civil Action File No. _________
+ )
+ v. )
+ )
+ [DEFENDANT], )
+ )
+ Defendant. )
+
+ STATEMENT OF CLAIM / [DOCUMENT TITLE]
+ ```
+
+ Most Magistrate Courts supply a fill-in **statement-of-claim** form;
+ when drafting a free-form paper, the caption reads **"MAGISTRATE COURT
+ OF [COUNTY] COUNTY / STATE OF GEORGIA"** with a **"Civil Action File
+ No. ____"**. See `ga-statewide-format` for the pleading-paper
+ baseline and the pro se signature block; the magistrate form may
+ supersede the full formal layout — confirm with the clerk.
+
+ **Agent behavior:** before drafting, confirm (1) the claim falls
+ **within the current § 15-10-2(5) cap** (or is a dispossessory /
+ garnishment matter where a different rule applies), (2) the **answer
+ deadline** and the **de novo appeal window** (O.C.G.A. § 15-10-41(b);
+ dispossessory under § 44-7-56), (3) whether the county supplies a
+ **statement-of-claim form** and accepts oral vs. written answers, and
+ (4) the county's **e-filing posture** (Magistrate e-filing is often
+ optional — see `ga-county-courts`). Treat the Uniform Magistrate Court
+ Rules as the controlling rule set and do not assume full CPA procedure
+ applies.
+
+ ## Composition
+
+ - For statewide format and the Georgia caption: `ga-statewide-format`
+ - For the destination of a de novo appeal (civil-any-amount forum):
+ `ga-state-court`
+ - For per-county Magistrate practice, dispossessory variations, and
+ e-filing posture: `ga-county-courts`
+ - For the answer / general denial and default avoidance:
+ `ga-first-30-days`
+ - For consumer-debt defenses (chain of title, account-stated, SOL):
+ `ga-consumer-debt`
+ - For deadline computation and Georgia legal holidays: `ga-deadlines`
+ - For assembling and filing a packet: `ga-file-packet`
+ - For citation verification: `ga-fact-check`
+
+ ## References
+
+ - `references/magistrate-jurisdiction.md` — O.C.G.A. § 15-10-2 grants,
+ the § 15-10-2(5) civil cap, and § 15-10-2(6) dispossessory
+ - `references/informal-procedure.md` — O.C.G.A. §§ 15-10-40 to
+ 15-10-53 informal procedure, statement-of-claim practice, and entity
+ appearance through an officer or agent
+ - `references/de-novo-appeal.md` — O.C.G.A. § 15-10-41(b) de novo
+ appeal and § 44-7-56 dispossessory appeals