When any action ex contractu is brought in the superior or state court and the verdict of the jury, unreduced by setoff or payment pending the action, is for a sum under $50.00, the defendant shall not be charged with more costs than would have necessarily accrued if the case had been heard before a magistrate. The remainder of the court costs shall be paid by the plaintiff and may be retained out of the sum recovered by the plaintiff and, if that is insufficient, judgment shall be entered by the court against the plaintiff for the balance.
History. Laws 1809, Cobb’s 1851 Digest, p. 505; Code 1863, § 3604; Code 1868, § 3628; Code 1873, § 3678; Code 1882, § 3678; Civil Code 1895, § 5388; Civil Code 1910, § 5983; Code 1933, § 24-3404; Ga. L. 1983, p. 884, § 4-1.
Cross references.
For further provisions regarding recovery of expenses of litigation in contract actions, see § 13-6-11 .
Structure Georgia Code
Chapter 15 - Court and Litigation Costs
§ 9-15-1. Which Party Liable for Costs
§ 9-15-2. Affidavit of Indigence; Procedure When Filing Party Not Represented by Counsel
§ 9-15-3. When Costs May Be Demanded
§ 9-15-7. Liability of Attorney Guilty of Willful Neglect or Misconduct for Costs
§ 9-15-8. Liability for Costs of Witnesses of Adverse Party
§ 9-15-9. Costs When Recovery on Contract Is Less Than $50.00
§ 9-15-10. Costs in Personal Actions When Damages Are Less Than $10.00
§ 9-15-11. Inclusion of Costs in Judgment; Itemization and Endorsement on Execution
§ 9-15-12. Liability of Plaintiff and Attorney for Costs When Execution Returned Unsatisfied
§ 9-15-13. Judgment and Execution Against Attorney for Costs
§ 9-15-14. Litigation Costs and Attorney’s Fees Assessed for Frivolous Actions and Defenses
§ 9-15-15. Attorney’s Fees and Expenses Assessed in Civil Actions Brought Against Judicial Officers