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

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.

• 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.

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.

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.

• 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.

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

• Ed Setzler (R, SD-037)Patrocinador principal

• magistrate court
• civil lawsuits
• court jurisdiction
• garnishment
• Georgia courts