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§ 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

In one sentenceO.C.G.A. § 9-15-10 caps a plaintiff’s recoverable costs at the amount of damages awarded when a jury’s slander verdict comes in under $10.00, and applies the same cap to assault-and-battery and other personal-injury verdicts under $10.00 unless the trial judge certifies that an aggravated assault and battery was proved.

Full Text of § 9-15-10

Text sizeJump to: (a) (b)

(a) In all actions for slanderous words, in any court having jurisdiction of the same, if the jury renders a verdict under $10.00, the plaintiff shall have and recover no more costs than damages.
(b) In actions of assault and battery and in all other personal actions wherein the jury upon the trial thereof finds the damages to be less than $10.00, the plaintiff shall recover no more costs than damages unless the judge, at the trial thereof, finds and certifies on the record that an aggravated assault and battery was proved.

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.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, published by the Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026. · Official source
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