The average cost of an eviction in Georgia for all filing, court, and service fees is $181. However, the fee can vary heavily based on the county’s initial filing fee. Eviction cases shall be filed in Magistrate Court.[ttip number=’1′ icon=’popover-balance’]
| Fee | Magistrate |
| Initial Court Filing | $56+ |
| Summons Service | ~$50 |
| Writ of Possession Service | $25 |
| Writ of Possession Execution | $50 |
| Notice of Appeal Filing (Optional) | $198+ |
These filing, court, and service fees do not include outside costs such as legal fees or post-eviction fees (i.e., locksmith fees, storage costs for a tenant’s abandoned property, cleaning service fees, repair costs, or advertising costs for a vacant dwelling unit).
1. Initial Court Filing Fee
In Georgia, if the eviction notice expires and the tenant remains on the property without correcting the issue, the landlord may file an eviction lawsuit (“Dispossessory Proceedings”) with the court the following business day.
The filing fee varies by county, for example in Fulton County the filing fee is $60, Cobb County the filing fee is $56, and Paulding County the filing fee is $78.
2. Summons Service Fee
Once an Affidavit is filed in Georgia, the court will issue a Summons. The Summons is the tenant’s official notice of an eviction lawsuit and contains important information (i.e., when/where to appear in court). The landlord must arrange for a process server to deliver the Summons to the tenant.
The Summons service fee varies by process server. For example, a sheriff may charge $50 [ttip number=’2′ icon=’popover-balance’] for delivering a Summons.
3. Writ of Possession Service Fee
In Georgia, a sheriff, constable, or marshal must serve the Writ of Possession to the tenant. They may charge a service fee of $25. [ttip number=’3′ icon=’popover-balance’] The writ must be executed within 30 calendar days. [ttip number=’4′ icon=’popover-balance’]
4. Notice of Appeal Filing Fee
If either party chooses to file an Appeal in Georgia, they may do so as long as the Notice of Appeal is filed within 7 calendar days of the judgment.
The Appeal can be transferred to State Court or Superior Court. The Appeal filing fees vary by county, for example, in Cobb County if the case is appealed to State Court the filing fee is $198 and $216 if appealed to Superior Court.
Sources
- 1 GA Code § 44-7-50 (2021)
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If the tenant refuses or fails to deliver possession when so demanded, the owner or the agent, attorney at law, or attorney in fact of such owner may immediately go before the judge of the superior court, the judge of the state court, or the clerk or deputy clerk of either court, or the judge or the clerk or deputy clerk of any other court with jurisdiction over the subject matter, or a magistrate in the district where the land lies and make an affidavit under oath to the facts. The affidavit may likewise be made before a notary public.
- 2 GA Code § 15-16-21 (2021)
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(1) Serving copy of process and returning original, per copy .$ 50.00 (2) Action from another county, to be paid in advance ……….50.00
- 3 GA Code § 15-16-21 (2021)
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For dispossessing tenant or intruder ………………….25.00
- 4 GA Code § 44-7-55 (2019)
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…for execution of a writ of possession shall be made within 30 days of issuance of the writ of possession unless such application for said writ is accompanied by an affidavit showing good cause for the delay in applying for execution of the writ. The failure to execute a writ in conformity with this Code section shall require the applicant to apply for a new writ.