SB405: SB405 Magistrate Court; the maximum amount of civil claims that can be tried in magistrate court; increase

Georgia's magistrate courts, the local courts that handle small claims, garnishments, and attachments, currently can only hear civil cases worth up to $15,000. This bill rewrites part of the law setting magistrate court jurisdiction (O.C.G.A. § 15-10-2) to raise that limit to $50,000. The change would let people and businesses bring larger disputes, such as unpaid debts or property claims, into magistrate court instead of superior court. Magistrate court cases are generally faster and less formal, and typically do not require a lawyer. The bill keeps the existing rule that no prejudgment attachment (seizing property before a case is decided) may be granted. The change would take effect July 1, 2026, and would apply only to legal claims that arise on or after that date.

• Raises the maximum dollar amount for civil claims, garnishments, and attachments that magistrate courts can try from $15,000 to $50,000.
• Keeps in place the existing ban on granting prejudgment attachment (seizing a defendant's property before a case is resolved) in magistrate court.
• Leaves superior court's exclusive jurisdiction over certain case types unchanged, since the increase only applies where superior court does not already have exclusive authority.
• Sets July 1, 2026 as the effective date and limits the new cap to legal claims that arise on or after that date.

People and small businesses filing or defending small civil lawsuits, garnishments, or attachments in Georgia; magistrate court judges and clerks who would handle a wider range of cases; and superior courts, which may see fewer of these mid-sized claims filed with them.

Because magistrate court is generally faster, cheaper, and less formal than superior court, more Georgians with disputes between $15,000 and $50,000 could resolve them there instead of filing a more expensive superior court case, changing where these lawsuits get filed and heard starting mid-2026.

• Section 1 amends O.C.G.A. § 15-10-2(a)(5) to raise the magistrate court civil claim limit from $15,000 to $50,000.
• Section 1 preserves the existing restriction that no prejudgment attachment may be granted in these magistrate court cases.
• 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.

1. 2026-03-06Senate Tabled (Senate)
2. 2026-02-09Senate Read Second Time (Senate)
3. 2026-02-06Senate Committee Favorably Reported (Senate)
4. 2026-01-16Senate Read and Referred (Senate)
5. 2026-01-15Senate Hopper (Senate)

• Ed Setzler (R, SD-037)Primary sponsor

• magistrate court
• civil lawsuits
• small claims
• garnishment
• court jurisdiction