---
title: SB 405. Magistrate Court; the maximum amount of civil claims that can be tried in magistrate court; increase
collection: bills
id: 2025-2026/sb405
cite_as: SB 405, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb405
md_url: https://georgiacommons.org/bills/2025-2026/sb405.md
text_url: https://georgiacommons.org/bills/2025-2026/sb405/text
source_url: https://www.legis.ga.gov/legislation/72254
date: 2026-03-06
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 235
omitted_url: https://georgiacommons.org/bills/2025-2026/sb405.md?full=1
bill_number: SB 405
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2026-01-15
last_action: Senate Tabled
sponsors:
  - Ed Setzler
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB405/2025
upstream_id: 2083437
summaries_model: claude-sonnet-5
topic_tags:
  - magistrate court
  - civil lawsuits
  - court jurisdiction
  - garnishment
  - Georgia courts
---

# SB 405. Magistrate Court; the maximum amount of civil claims that can be tried in magistrate court; increase

## Text

Senate Bill 405
By: Senator Setzler of the 37th
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to
general jurisdiction and authority of magistrate to act, so as to increase the maximum amount
of civil claims that can be tried in magistrate court; to provide for related matters; to provide
for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to general
jurisdiction and authority of magistrate to act, is amended by revising paragraph (5) of
subsection (a) as follows:
"(5) The trial of civil claims including garnishment and attachment in which exclusive
jurisdiction is not vested in the superior court and the amount demanded or the value of
the property claimed does not exceed <del>$15,000.00</del> <ins>$50,000.00,</ins> provided that no
prejudgment attachment may be granted;"
SECTION 2.
This Act shall become effective on July 1, 2026, and shall apply to causes of action accruing
on or after such date.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

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.

### Plain-language summary

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 it 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.

## Status

- Status: Introduced (2026-01-15)
- Last action: Senate Tabled (2026-03-06)
- Sponsors: Ed Setzler
- Official page: https://www.legis.ga.gov/legislation/72254

> The history, votes, and amendments (235 characters) are at https://georgiacommons.org/bills/2025-2026/sb405.md?full=1