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2018 Georgia Code 9-15-10 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-15-10 Case Law from Google Scholar Amendments to OCGA 9-15-10

TITLE 9 CIVIL PRACTICE

Section 15. Court and Litigation Costs, 9-15-1 through 9-15-15.

ARTICLE 2 PROCEDURE FOR PERSONS UNDER SENTENCE OF STATE COURT OF RECORD

9-15-10. Costs in personal actions when damages are less than $10.00

  1. 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.
  2. 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.

(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.)

JUDICIAL DECISIONS

This section applies to actual torts to the person and not to suits for mere negligent injury. Saunders v. Parker, 20 Ga. App. 292, 93 S.E. 103 (1917).

This section does not apply to trover when the plaintiff elects to take damages. Grant v. General Baptist Convention, 10 Ga. App. 392, 73 S.E. 422 (1912).

When plea of justification is filed in an action for personal injuries, a verdict for $1.00 and costs would not carry all of the costs of the action, and to such a verdict the plaintiff is entitled when the plea of justification fails. Conley v. Arnold, 93 Ga. 823, 20 S.E. 762 (1894). See also Kirby v. Thompson, 138 Ga. 544, 75 S.E. 625 (1912).

Verdict inadequate.

- When the verdict establishes liability and the extent of damage is proved to amount to $107.00, a verdict for $1.00 is inadequate, and not sufficient even to carry nominal damages. Travers v. Macon Ry. & Light Co., 19 Ga. App. 15, 90 S.E. 732 (1916).

Cited in Hardin v. Lumpkin, 5 Ga. 452 (1848); Atlantic Coast Line R.R. v. Stephens, 14 Ga. App. 173, 80 S.E. 516 (1914).

Cases Citing O.C.G.A. § 9-15-10

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Walmart Stores East, Lp v. Leverette, 321 Ga. 854 (Ga. 2025).

Cited 5 times | Published | Supreme Court of Georgia | Jun 24, 2025

...One of those statutes, OCGA § 9-15-9, limits costs charged to the defendant to the costs that “would have necessarily accrued if the case had been heard be- fore a magistrate” if the jury awards “a sum under $50.00” in an “action ex contractu.” The other, OCGA § 9-15-10, allows the plain- tiff to recover “no more costs than damages” in actions for slander, assault and “all other personal actions” if the jury awards “less than $10.00” in damages (with an exception for aggravated assault and battery)....
...At most, OCGA § 9-15-9’s $50 threshold for obtaining costs may stretch that limit slightly to the extent that it suggests that nominal damages for that amount are permissible. But that threshold applies only in contract cases, and the $10 threshold of OCGA § 9-15-10 applies to only a subset of 5 This reading is at least unusual....
...damages to ensure that such plaintiffs could still obtain costs in those cases — particularly given that neither statute mentions nominal damages. But see Conley v. Arnold, 93 Ga. 823, 826-827 (3) (20 SE 762) (1894) (addressing pre- decessor to OCGA § 9-15-10 and holding that a verdict for “one dollar and costs” was void because the plaintiff, who established that the defendants were liable for assault, was “entitled to a recovery of at least $10 damages” so he could obtain the costs of the action). 25 claims, too....