§ 9-15-10.Costs in personal actions when damages are less than $10.00
Chapter 15. Court and Litigation Costs · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-15-10
Plain-English Summary
Like the contract-claim cap in Code Section 9-15-9, this section discourages pursuing small personal claims for their cost value rather than their damages value. Subsection (a) addresses slander: if the jury’s verdict comes in under $10.00, the plaintiff can recover no more in costs than in damages, no matter how much was spent litigating the case.
Subsection (b) extends the same cap to assault and battery cases and to “all other personal actions” where the jury finds damages under $10.00. That cap has one escape valve — if the trial judge finds and certifies on the record that an aggravated assault and battery was proved, the cost cap doesn’t apply, and the plaintiff can recover costs beyond the damages awarded. The certification requirement puts that judgment call in the judge’s hands rather than in the jury’s verdict amount alone.
Frequently Asked Questions
What happens if a jury awards less than $10.00 in a Georgia slander case?
Under subsection (a), the plaintiff can’t recover more in costs than the damages awarded.
Does the same $10.00 cap apply to assault and battery cases?
Yes, under subsection (b), unless the judge finds and certifies on the record that an aggravated assault and battery was proved, in which case the cap doesn’t apply.
What other kinds of cases does this cost cap reach?
Subsection (b) covers assault and battery and “all other personal actions” where the jury finds damages under $10.00, not just slander or assault claims.
Who decides whether an assault and battery was aggravated for purposes of lifting the cap?
The trial judge, who must find and certify the aggravation on the record — the jury’s verdict amount alone doesn’t make that determination.
Why would Georgia cap recoverable costs at the damages amount in these cases?
It discourages litigants from pursuing minor slander or personal-injury claims mainly to collect costs rather than to vindicate damages proved at trial.
Amendment History
Laws 1767, Cobb’s 1851 Digest, p. 504; Code 1863, §§ 3606, 3607; Code 1868, §§ 3630, 3631; Code 1873, §§ 3680, 3681; Code 1882, §§ 3680, 3681; Civil Code 1895, §§ 5390, 5391; Civil Code 1910, § 5984; Code 1933, § 24-3405.