Georgia CommonsSenate · Introduced · 2025-2026 Regular Session
SB 405: Magistrate Court; the maximum amount of civil claims that can be tried in magistrate court; increase
Last action March 6, 2026 · Senate Tabled
A Georgia Senate bill would raise the cap on civil lawsuits that magistrate courts can hear from $15,000 to $50,000, letting more cases be resolved in that faster, lower-cost court.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Introduced version, the latest the General Assembly's website lists.
In plain language
Magistrate courts in Georgia handle smaller civil disputes, including garnishments and attachments, without the formality of superior court. Under current law (O.C.G.A. § 15-10-2), magistrate courts can only hear civil claims worth up to $15,000. This bill would raise that limit to $50,000, meaning many disputes that currently have to go to a higher court could instead be resolved in magistrate court. The bill keeps in place the existing rule that magistrate courts cannot grant prejudgment attachments (a court order freezing a defendant's property before a final judgment). If passed, the change would take effect July 1, 2026, and would apply only to cases arising from actions that occur on or after that date.
What the bill does
- Raises the maximum dollar value of civil claims, including garnishment and attachment cases, that magistrate courts can try from $15,000 to $50,000.
- Keeps the existing ban on magistrate courts granting prejudgment attachments (freezing property before a final judgment).
- Sets the change to take effect July 1, 2026, applying only to cases based on actions occurring on or after that date.
Who it affects
People and businesses involved in civil disputes over money or property, including garnishment and attachment cases; attorneys who file such claims; and Georgia's magistrate courts and superior courts, which would see a shift in which cases each handles.
Why it matters
Because magistrate court is generally faster and less costly than superior court, raising the claim limit would let people with disputes between $15,000 and $50,000 use that quicker process instead of filing in superior court, changing where many everyday money disputes get resolved.
Key provisions
- Section 1 revises paragraph (5) of subsection (a) of O.C.G.A. § 15-10-2 to raise magistrate court's civil claim jurisdiction limit from $15,000 to $50,000.
- Section 1 retains the existing restriction that magistrate courts may not grant prejudgment attachments.
- Section 2 sets the effective date as July 1, 2026, and limits application to causes of action accruing on or after that date.
- Section 3 repeals any conflicting laws.
Discussed in meetings (15)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
Senate Judiciary Committee, February 5, 2026
From 0:28:28 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The chair said SB 405 was unchanged from the earlier subcommittee meeting, where members had heard testimony. The sponsor offered to review the bill but gave no further presentation. The chair noted that the State Court Judges Council had submitted a letter and testified previously, without describing its position. No members asked questions or offered amendments. The committee unanimously voted to pass the bill and send it to Rules.
Senate Rules Committee, February 9, 2026
From 0:16:15 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said the bill would raise the small claims court limit from $15,000 to $50,000, allowing people to resolve larger disputes without paying for lawyers. The sponsor said the limit last changed in 1998 and that legal fees for a $25,000 or $30,000 dispute could reach $10,000 to $15,000. One member cited opposition from state court judges and raised concerns about defendants facing liability above $25,000 in minimum insurance coverage, without a jury or formal pretrial evidence gathering. The member also questioned having nonlawyer magistrates decide larger claims. The sponsor defended magistrates' experience, said decisions could be appealed to state or superior court, and argued that simple contractor and property disputes should not require more expensive proceedings. The sponsor also said an LLC could represent itself in magistrate court but not state court. Another member asked whether magistrates publicly supported the bill and raised an insurance question. The sponsor said no magistrates had publicly endorsed it, but some had privately expressed support, and argued that court limits should not be tied to minimum auto insurance coverage. No vote was shown.
Senate Rules Committee, February 10, 2026
From 0:06:33 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The chair said SB 405 would raise the limit for civil claims in magistrate court from $15,000 to $50,000. When the sponsor arrived later, the sponsor said the higher limit would allow people to represent themselves without paying for an attorney. No substantive questions were asked, and no vote on the bill was shown.
Senate Rules Committee, February 12, 2026
From 0:08:09 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said SB 405 would raise the maximum civil claim heard in magistrate court from $15,000 to $50,000. A committee member questioned whether magistrate judges supported the proposal, saying they had not requested it and raising the role of their judicial council. The sponsor argued that the proposal addressed constituents’ access to court rather than court administration, citing rising home and car repair costs and the expense of hiring an attorney for relatively simple disputes. The sponsor said magistrate judges had not directly expressed opposition to the sponsor and that individual judges had voiced support, while distinguishing those views from a council position. No vote followed.
Senate Rules Committee, February 17, 2026
From 0:09:54 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The chair said SB 405 would raise the maximum civil claim in magistrate court from $15,000 to $50,000. The sponsor later confirmed the proposed $50,000 limit and said constituents, rather than a judicial organization, had requested the change. The sponsor said people with claims exceeding the current limit could face $10,000 to $15,000 in attorney costs to resolve a $25,000 or $40,000 dispute. No substantive questions or calendar action followed.
Senate Rules Committee, February 19, 2026
From 0:11:19 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The chair described SB 405 as increasing the magistrate court civil claim limit from $15,000 to $50,000. The chair said it would be selected for floor consideration eventually, but not necessarily the next day. No questions or vote followed.
Senate Rules Committee, February 20, 2026
From 0:04:55 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said SB 405 would raise the dollar limit for small claims court and could help constituents. No specific dollar amount was given, and no questions or calendar action followed.
Senate Rules Committee, February 24, 2026
From 0:09:39 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said the bill would raise the dollar limit for cases brought in small claims court, allowing constituents to bring higher-value claims there. No questions or vote followed.
Senate Rules Committee, February 25, 2026
From 0:26:37 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said the bill would raise the small-claims court limit from $15,000 to $50,000, allowing people to resolve claims without an attorney. No questions followed, and the bill was not selected for the floor calendar.
Senate Rules Committee, February 26, 2026
From 0:12:49 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said SB 405 would raise the claim limit in magistrate court so people could represent themselves in cases involving larger amounts. The sponsor offered to answer questions, but none were asked. No action followed.
Senate Rules Committee, March 3, 2026
From 0:15:04 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said SB 405 would raise the amount of claims people could bring in magistrate court while representing themselves. The sponsor noted that the committee had heard the proposal before, but did not state the new limit. During calendar selection, the chair said disagreement with a bill did not mean it should be denied debate and a vote. The bill was included in the approved slate.
Senate Rules Committee, March 5, 2026
From 1:21:55 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The chair listed SB 405 among bills carried over from the previous day for return to the floor calendar. Its provisions were not discussed. The committee unanimously approved the calendar package.
Status timeline
- Senate Tabled (Senate)
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported (Senate)
- Senate Read and Referred (Senate)
- Senate Hopper (Senate)
Sponsors
- Ed Setzler (R, SD-37)
Topics
- magistrate court
- civil lawsuits
- court jurisdiction
- garnishment
- Georgia courts