Small Claims by State/Georgia/Henry County
Georgia

Henry County Small Claims Court

Where to file in Henry County, the Georgia claim limit of $15,000, filing fees, and what happens after you file.

File My Henry County Case

Where to file in Henry County

Small claims cases for Henry County are heard at the Henry County Courthouse in McDonough. File at the clerk's office during business hours, or by mail if the court allows it.

Henry County Courthouse

1 Courthouse Sq, McDonough, GA 30253

Get directions →

Claim limit

$15,000

Filing fee

$20–$50

Added to your case, not due today.

Full Georgia guide →

Filing a small claim in Henry County, step by step

The Georgia rules that apply to every case filed in Henry County.

  1. 1

    Confirm the amount is within the limit

    You can sue for up to $15,000 in Georgia. Anything above that usually means waiving the excess or filing in a higher court.

  2. 2

    Complete the complaint

    You'll name the parties, describe the dispute and state the amount owed. Magistrate Court uses the state's official small claims forms.

  3. 3

    File with the clerk

    File at Henry County Courthouse, 1 Courthouse Sq, McDonough, GA 30253. Filing fees run $20–$50.

  4. 4

    Serve the defendant

    Many Georgia counties have discontinued certified mail service. Service is typically completed by sheriff or a private process server. The defendant must be served at least 30 days before the hearing.

  5. 5

    Attend the hearing

    Bring your evidence, any contract or receipts, and witnesses. Most courts hold an informal hearing before a judge or magistrate.

What you can sue for in Henry County

Small claims court in Georgia is built for money disputes, not for forcing someone to do something. Typical Henry County cases involve an unpaid loan between individuals, a contractor who took a deposit and never finished, a landlord withholding a security deposit, a retail purchase or repair that failed, a fender bender within the state limit, or wages owed for work performed.

Georgia's small claims court is the Magistrate Court, which handles civil disputes where the amount claimed does not exceed $15,000. This generous jurisdictional limit makes Georgia's small claims court a practical option for resolving significant monetary disputes without the expense and complexity of formal litigation in State or Superior Court. Filing fees in Georgia range from $20 to $50 depending on the county and claim amount. These fees are recoverable as court costs if you prevail. The Magistrate Court provides a simplified process designed for self-represented litigants, and attorneys are generally not permitted to appear on behalf of individual parties, though businesses may be represented by a registered agent or officer. Georgia Magistrate Court is commonly used for collecting unpaid debts, recovering security deposits, seeking compensation for property damage, resolving landlord-tenant disputes, and addressing breach of contract matters. The court can award monetary judgments, including filing fees and court costs, which are recoverable from the losing party. To file, you must submit an affidavit and claim form to the Magistrate Court in the county where the defendant lives or where the dispute occurred. After filing, the court issues a summons for service on the defendant. Georgia has discontinued certified mail service in many counties, so private process service or sheriff service is often required. The hearing is typically scheduled within 30 to 60 days.

Claims above the $15,000 limit do not disappear: plaintiffs often waive the excess to keep the case in small claims, where filing is cheaper and hearings are informal. You cannot split one dispute into several small claims filings to get around the cap. For a side-by-side view of every state, see our small claims limits by state.

How long you have to file

Written contracts: 6 years. Oral contracts: 4 years. Property damage: 2 years. Personal injury: 2 years. Fraud: 2 years from discovery.

Waiting too long is the most common reason a valid Henry County claim becomes worthless.

If you lose, or the other side appeals

Either party may appeal to the State or Superior Court within 30 days. The case is retried de novo.

Plan to prove your case at the first Henry County hearing: appeals are rarely a second chance to gather evidence.

After you win: turning a judgment into money

A judgment from Henry County Courthouse does not make the defendant pay. Most people who collect in Henry County do it through a wage garnishment, a bank levy, or a lien recorded against property, and each of those tools needs the debtor's employer, bank, or address on the paperwork. A demand letter sent before you file, or a skip trace after you win, is often what makes collection possible.

Henry County small claims FAQ

Henry County Courthouse, 1 Courthouse Sq, McDonough, GA 30253. Call (770) 288-6000 to confirm the small claims counter hours before you go. File in the Magistrate Court of the county where the defendant lives or where the incident occurred. For business defendants, file where the business is located or where the contract was to be performed.

Other Georgia counties

FultonGwinnettCobbDeKalbChathamClaytonCherokeeForsythHallRichmondGeorgia guide →

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