---
title: O.C.G.A. § 15-10-87. Transfer of filing fee upon transfer of case to state or superior court; failure to transmit fee.
collection: code
id: 15-10-87
cite_as: O.C.G.A. § 15-10-87 (2025)
canonical_url: https://georgiacommons.org/code/15-10-87
md_url: https://georgiacommons.org/code/15-10-87.md
text_url: https://georgiacommons.org/code/15-10-87/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t15-ch1-11a-(v13)-2020-pdf.pdf?sfvrsn=d8a8826c_0#page=589
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
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current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: COURTS / MAGISTRATE COURTS / FEES AND COSTS
---

# O.C.G.A. § 15-10-87. Transfer of filing fee upon transfer of case to state or superior court; failure to transmit fee.

(a) When any case is transferred from the magistrate court to the state court or superior court, the magistrate court shall transmit to the state court clerk or superior court clerk the filing fee paid to the magistrate court. The state court clerk or superior court clerk shall file the case without further deposit against costs or filing fee, but as between the parties the costs shall be as in other cases in the state court or superior court. This subsection shall only apply to actions filed on or before June 30, 2012.

(b) When any case is transferred from the magistrate court to the state court or superior court, the magistrate court shall transmit to the state court clerk or superior court clerk the filing fee paid to the magistrate court. The state court clerk or superior court clerk shall file the case without further deposit against costs or filing fee; provided, however, that all costs and filing fees shall be paid by the parties within 30 days. Failure to pay such costs and filing fees shall result in a dismissal of the transferred case unless there is good cause shown. The magistrate court clerk shall transmit to the clerk of the state court or superior court a certified copy of the contents of the entire file for the case being transferred. This subsection shall only apply to actions filed on or after July 1, 2012.

## History

Code 1981, § 15-10-87, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 2012, p. 173, § 1-28/HB 665.

## Cross References

Filing and processing documents, Uniform State Court Rules, Rule 36.