Resolution of civil disputes in Georgia proceeds through a structured sequence of procedural steps, each governed by specific statutory requirements. Compliance with these procedures is essential to preserve the claimant’s legal rights and remedies under Georgia law.

Step 1: The Formal Demand. Prior to initiating litigation, a formal written demand shall be transmitted to the opposing party via certified mail. This correspondence, required under O.C.G.A. § 10-1-399 for certain consumer claims, establishes the factual basis of the dispute, specifies the amount demanded, and provides a deadline for voluntary resolution. The demand letter creates a documented record that may be submitted as evidence in subsequent Magistrate Court proceedings.

Step 2: Filing the Petition/Claim. When the demand fails to produce resolution, the claim shall be filed in the Magistrate Court of the appropriate county. Pursuant to O.C.G.A. § 15-10-40, the filing fee ranges from $45-$75 depending on the county and the amount in controversy. The claim statement must set forth the factual basis for the demand and the specific relief sought, not to exceed $15,000.

Step 3: E-Filing or Paper Filing. Georgia counties offer varying filing methods for Magistrate Court claims. The PeachCourt electronic filing system is available in participating counties, permitting online submission of claim documents. Counties not participating in electronic filing require in-person or mail submission to the Magistrate Court clerk’s office. Verification of the applicable filing method shall be made with the specific county court prior to submission.

Step 4: Issuing the Citation/Summons. Upon acceptance of the filed claim, the Magistrate Court clerk issues a summons directing the defendant to appear. Pursuant to O.C.G.A. § 15-10-41, the summons specifies the date, time, and location of the hearing. The defendant is provided a minimum of five days notice before the scheduled appearance date.

Step 5: Service of Process. The summons and claim must be served upon the defendant in accordance with O.C.G.A. § 9-11-4. In Magistrate Court, service may be accomplished through personal delivery by the county sheriff, a licensed process server, or certified mail with return receipt requested. Proof of service must be filed with the court prior to the hearing date. Failure to achieve proper service results in dismissal of the claim.

Step 6: The Hearing. The Magistrate Court hearing is conducted before a magistrate judge without a jury. The claimant bears the burden of proof by a preponderance of the evidence pursuant to O.C.G.A. § 24-1-1. Documentary evidence, photographs, contracts, and witness testimony may be presented. The magistrate renders judgment at the conclusion of the hearing or within ten days thereafter, with the prevailing party entitled to recover court costs.