SMALL CLAIMS COMPLAINT
(a/k/a “Statement of Claim” under O.C.G.A. § 15-10-40 et seq.)
Magistrate Court of [COUNTY] County, State of Georgia
[// GUIDANCE: Substitute the county in which Defendant resides or in which the cause of action arose]
| Plaintiff(s): [PLAINTIFF LEGAL NAME] | Case No.: _ |
| Address: [STREET, CITY, STATE, ZIP] | |
| Telephone: [--____] | |
| E-mail: [____] | |
| vs. | |
| Defendant(s): [DEFENDANT LEGAL NAME] | |
| Address: [STREET, CITY, STATE, ZIP] | |
| Telephone: [--____] | |
| E-mail: [____] |
I. DOCUMENT HEADER
- Effective Filing Date. This Complaint (“Statement of Claim”) is deemed filed on [DATE] (“Effective Date”).
- Governing Jurisdiction. Proceedings are governed by the Georgia Magistrate Court Act, O.C.G.A. § 15-10-1 et seq., and other applicable Georgia law.
- Recitals. Plaintiff seeks monetary damages not exceeding the jurisdictional limit of $15,000 exclusive of interest and costs pursuant to O.C.G.A. § 15-10-2(5).
II. DEFINITIONS
For ease of reference, the following defined terms apply throughout this Complaint. Capitalized terms used but not defined shall have their ordinary legal meanings.
- “Claim” – The cause of action asserted herein for money damages.
- “Court” – The Magistrate Court of [COUNTY] County, Georgia.
- “Statutory Interest Rate” – The legal rate of post-judgment interest in Georgia, as periodically adjusted under O.C.G.A. § 7-4-12.
- “Parties” – Collectively, Plaintiff and Defendant.
[// GUIDANCE: Add, delete, or modify defined terms to fit the factual circumstances.]
III. OPERATIVE PROVISIONS
1. Parties
1.1 Plaintiff. Plaintiff [PLAINTIFF NAME] is a resident of, and/or entity organized under the laws of, the State of [STATE], with its principal place of residence/business at the address stated in the caption.
1.2 Defendant. Upon information and belief, Defendant [DEFENDANT NAME] is a resident of [COUNTY] County, Georgia, and may be served at the address stated in the caption. Service is requested by [personal service / certified mail / designated process server] pursuant to O.C.G.A. § 15-10-43.
2. Jurisdiction and Venue
2.1 Subject-Matter Jurisdiction. This Court has subject-matter jurisdiction because the Claim seeks money damages not exceeding $15,000, exclusive of interest, costs, and statutory attorney’s fees, as permitted by O.C.G.A. § 15-10-2(5).
2.2 Personal Jurisdiction & Venue. Venue is proper in this County under O.C.G.A. § 15-10-2(4) because Defendant resides or maintains its registered agent for service of process in this County.
3. Factual Allegations
3.1 Underlying Transaction or Occurrence. On or about [DATE], Plaintiff and Defendant entered into [brief description of agreement/transaction/incident].
3.2 Defendant’s Breach/Conduct. Defendant [failed to pay / negligently damaged property / breached contract] by [specific conduct].
3.3 Damages Incurred. As a direct and proximate result of Defendant’s actions, Plaintiff has sustained monetary damages in the amount of $[AMOUNT], itemized as follows:
• Principal Amount: $[__]
• Pre-Suit Interest (if any): $[_]
• Other Statutory Sums: $[___]
3.4 Pre-Suit Demand. On [DATE], Plaintiff issued a written demand for payment to Defendant, allowing at least ten (10) days to cure. Defendant has failed and refused to remit payment.
[// GUIDANCE: Insert additional factual paragraphs as necessary; number sequentially.]
4. Conditions Precedent
All conditions precedent to the filing of this Complaint, including any contractual notice requirements, have been satisfied, waived, or are otherwise excused.
5. Prayer for Relief
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant as follows:
a. Compensatory damages in the amount of $[PRINCIPAL AMOUNT];
b. Pre- and post-judgment interest at the Statutory Interest Rate;
c. Court costs and service fees as allowed by law;
d. Statutory attorney’s fees, if applicable and proven; and
e. Such other and further relief as the Court deems just and proper.
IV. REPRESENTATIONS & WARRANTIES
4.1 Plaintiff’s Verification of Truthfulness. Plaintiff represents that the factual allegations contained herein are true and correct to the best of Plaintiff’s knowledge, information, and belief.
4.2 Compliance with Monetary Limit. Plaintiff warrants that the amount sought does not exceed the statutory jurisdictional limit set forth in O.C.G.A. § 15-10-2(5).
V. COVENANTS & RESTRICTIONS
5.1 Good-Faith Participation. Plaintiff covenants to participate in any Court-directed mediation or settlement conference in good faith.
5.2 Adjustment of Claim. Should discovery reveal that the Claim exceeds $15,000, Plaintiff covenants to promptly seek transfer to an appropriate court or to voluntarily reduce the Claim so as to remain within the Court’s jurisdiction.
VI. DEFAULT & REMEDIES
6.1 Events of Default. An “Event of Default” occurs if Defendant fails to file a timely answer (within thirty (30) days of service pursuant to O.C.G.A. § 15-10-43) or otherwise violates any Court order.
6.2 Remedies. Upon any Event of Default, Plaintiff may request:
a. Entry of default judgment for the full amount of the Claim;
b. Award of court costs, statutory attorney’s fees, and interest;
c. Post-judgment collection remedies authorized by Georgia law, including garnishment and levy.
VII. RISK ALLOCATION
[// GUIDANCE: Indemnification and extensive liability limitations are typically inapplicable to a pleading. This section is intentionally minimal.]
7.1 Limitation of Damages. Recovery is limited to $15,000 exclusive of interest, costs, and any attorney’s fees expressly permitted by statute or contract.
VIII. DISPUTE RESOLUTION
8.1 Governing Law. This Claim is governed by the laws of the State of Georgia.
8.2 Forum Selection. The exclusive forum for adjudication is the Magistrate Court of [COUNTY] County, Georgia.
8.3 Arbitration & Jury Trial. Arbitration is inapplicable, and jury trials are unavailable in Magistrate Court proceedings.
8.4 Appeal Rights. Pursuant to O.C.G.A. § 15-10-41 and O.C.G.A. § 5-3-1, any party may appeal to the State or Superior Court within thirty (30) days of entry of judgment. The appeal is de novo, and the appellant may demand a jury trial in the appellate court.
IX. GENERAL PROVISIONS
9.1 Amendments. Plaintiff may amend this Complaint once as a matter of right within the timeframe provided by O.C.G.A. § 9-11-15(a), or thereafter by leave of Court.
9.2 Severability. If any provision herein is held invalid, the remaining provisions shall remain in full force to the maximum extent permitted by law.
9.3 Integration. This Complaint supersedes all prior drafts or demands relating to the subject matter hereof.
X. EXECUTION BLOCK
Respectfully submitted this ___ day of __, 20_.
[PLAINTIFF NAME], Pro Se / By Counsel
[If by counsel, include bar number, firm name, address, telephone, e-mail]
VERIFICATION
State of Georgia )
County of _ )
Before me, the undersigned authority, personally appeared [PLAINTIFF NAME], who, being duly sworn, deposes and says that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information, and belief.
[PLAINTIFF NAME]
Sworn to and subscribed before me on this ___ day of __, 20_.
Notary Public
My commission expires: _____
CERTIFICATE OF SERVICE
I hereby certify that I have this day served a true and correct copy of the foregoing Small Claims Complaint on Defendant by:
☐ Personal service via the [COUNTY] County Sheriff’s Office;
☐ Certified mail, return receipt requested, postage prepaid; or
☐ Other method authorized by O.C.G.A. § 15-10-43,
to the address shown in the caption.
This ___ day of __, 20_.
[PLAINTIFF NAME]
[// GUIDANCE:
1. Review all factual allegations for accuracy and sufficiency.
2. Confirm the chosen county has jurisdiction and venue.
3. Attach supporting exhibits (contracts, invoices, photographs) if available.
4. Update monetary amounts and itemization before filing.
5. File original plus requisite copies with the Magistrate Court clerk; pay the filing fee.
6. Retain conformed copies for your records.
]