What Fulton Magistrate Court Handles
Magistrate Court runs on the framework set in O.C.G.A. § 15-10-1 and the rest of that chapter. The court has limited civil jurisdiction and a defined role in the early stages of criminal cases. The official site sits at magistratefulton.org. Magistrate Court records share the Clerk of Superior and Magistrate Courts records office.
- Small claims: civil cases within the statutory dollar limit.
- Dispossessory: landlord-tenant eviction cases.
- Warrant applications: arrest warrants by officer or citizen affidavit.
- First appearance: the initial hearing after an arrest.
- Preliminary hearing: probable cause review for some criminal cases.
- Other civil matters: garnishment, statement of claim, and county ordinance cases.
Fulton Small Claims Cases
Small claims cases are the way Magistrate Court resolves modest money disputes. A statement of claim sets out the dispute and the dollar amount. Service must be made on the defendant. The court holds a short hearing, and the judge or magistrate decides the case. Appeals from small claims judgments follow Georgia rules and may move to State Court or Superior Court.
The current small claims filing fee on the Clerk fee schedule is $60.00, with $8.00 for each added defendant. Marshal service costs an additional fee. See the Magistrate civil matters page for current filing detail.
Dispossessory and Eviction Cases
Dispossessory cases are the way landlords seek a writ of possession when a tenant has not paid rent or has otherwise breached the lease. The landlord files an affidavit, the marshal serves the tenant, and the tenant may answer. If the case proceeds to hearing, the judge can order a writ of possession.
The current dispossessory fee on the Clerk fee schedule is $60.00, with $75.00 for a writ of possession application. Tenant rights and deadlines are time-sensitive; legal aid resources can help with answer drafting. For broader legal aid pointers, see Fulton County public records and the Georgia AOC self-help page.
Magistrate Warrant Applications
Magistrate Court is the entry door for many warrant matters. An officer or, in some cases, a citizen can apply for an arrest warrant by sworn affidavit before a magistrate. The judge reviews probable cause and signs the warrant if the legal standard is met. Once issued, the warrant routes to the Sheriff's Office or another agency for execution.
The current Magistrate warrant application fee on the Clerk fee schedule is $20.00. For a deeper walk-through of warrants in Fulton, see Fulton County warrant records.
First Appearance and Preliminary Hearings
After an arrest, the law requires prompt judicial review. Magistrate Court holds first appearance hearings in which the judge reads the charges and sets bond when the law allows. Some charges allow no bond at first appearance. After first appearance, the case may move to State Court for misdemeanors or to Superior Court for felonies.
Preliminary hearings test probable cause for some criminal cases. The prosecutor may also bypass a preliminary hearing by direct indictment in Superior Court. For the broader criminal-case path, see Fulton County criminal records.
Fulton Magistrate Court Records
Magistrate case files live with the Clerk of Superior and Magistrate Courts at fultonclerk.org. Smart Search on the Tyler Portal returns Magistrate cases alongside Superior cases when the file is public. Certified copies come through eCertification or the file request form.
Magistrate dockets show small claims, dispossessory, warrant return, and first appearance entries. For broader docket reading, see Fulton County court dockets.
Magistrate Court Filing Fees
The Clerk fee schedule lists current Magistrate filing fees. The table below covers the most-used items.
| Item | Amount |
|---|---|
| Small claims suit | $60.00 |
| Small claims, each added defendant | $8.00 |
| Marshal service per defendant | $50.00 |
| Dispossessory against tenant | $60.00 |
| Dispossessory writ of possession application | $75.00 |
| Warrant application | $20.00 |
Magistrate vs Superior Court
Magistrate Court is not a lower division of Superior Court. It is a separate court with limited jurisdiction. The most common confusion is the small claims dollar limit and the route for early-stage criminal cases. A serious civil dispute above the small claims limit belongs in State Court or Superior Court. A felony case that starts in Magistrate first appearance ends up in Superior Court for trial.
For Superior Court's jurisdiction and divisions, see Fulton Superior Court. For State Court's role, see Fulton State Court.
Self-Help and Legal Aid
Many Magistrate cases are filed without an attorney. Dispossessory tenants, small-claims plaintiffs, and people with simple money disputes often handle their own filings. Georgia AOC self-help, Atlanta Legal Aid Society, and Georgia Legal Aid offer civil help for eligible parties. The State Bar of Georgia runs a public lawyer-referral service.
Deadlines matter in Magistrate cases, especially in dispossessory matters where a tenant's answer window is short. A missed deadline can cost a case before any judge hears it.
Garnishment and Post-Judgment Tools
A money judgment in Magistrate Court is the start of collection, not the end. The winning party may use post-judgment tools such as garnishment to reach wages or bank accounts. Garnishment cases follow Georgia statutes that set out who can be served, what is protected, and how the garnishee must respond. Magistrate Court provides the framework for many small-claims garnishments.
A losing defendant has options too. Filing an answer to a garnishment can protect exempt funds. People served with garnishment papers should read the deadlines carefully and consider legal aid if the money at stake is significant.
Service of Process in Magistrate Cases
Service is a step many self-represented filers miss. A Magistrate case cannot move forward against a defendant who has not been served under Georgia rules. Service is usually made by the marshal or a special process server, and the cost is part of the case fee. Bad service can lead to a dismissal even if the underlying claim is strong.
For dispossessory and small claims, the marshal handles service in most Fulton cases. The marshal service fees are listed on the Clerk's fee schedule. Plan for the marshal's timing when calculating how quickly a case can reach a hearing.
Visiting Fulton Magistrate Court
Magistrate Court operates from the downtown court campus near the Government Center and Justice Center. Visitors should bring photo ID, the case number, and any court paperwork. Security screening applies at public entrances. First appearance hearings often start early in the day, so visitors should plan extra time for parking and check-in.
Small claims and dispossessory plaintiffs should bring contracts, leases, ledgers, photographs, and witnesses to the hearing. The court applies Georgia rules of evidence, and a clean factual record makes the judge's decision easier. Self-represented parties should review the file before the hearing date to confirm that service was made and the answer window has closed.