If you've received an unfavorable decision from the Gwinnett County Board of Equalization (BOE) and still believe your property has been over-assessed, you have the right to escalate your appeal to the Superior Court of Gwinnett County. This step transforms your administrative appeal into a formal legal proceeding.
Here's what you need to know:
1. 📜 You Have the Right to Appeal
As a property owner, you (and the Gwinnett County Board of Tax Assessors) have the right to appeal the BOE’s decision to the Gwinnett County Superior Court under Georgia law.
2. ⏳ Strict 30-Day Deadline
You must file your Notice of Appeal within 30 days of the date the BOE mailed its decision.
Late filings will almost certainly result in dismissal.
3. ✍️ Filing the Notice of Appeal
File a written Notice of Appeal with the Gwinnett County Board of Tax Assessors. Include:
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Your property’s Parcel Identification Number (PIN)
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Property address
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Copy of the BOE’s decision
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A short explanation of your disagreement with the BOE’s valuation
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Filing fee payment (see next section)
4. 💵 Tax Prepayment Requirement
Georgia law (O.C.G.A. § 48-5-29) generally requires you to pay the last year's undisputed tax amount before your case proceeds in court.
Payment is made to the Gwinnett County Tax Commissioner.
5. 💲 Filing Fee for Superior Court Appeal
There is a $25.00 filing fee, made payable to the Clerk of Superior Court of Gwinnett County.
This fee is usually submitted to the Tax Assessor's Office along with your Notice of Appeal.
6. 📑 Certification of the Appeal
After receiving your notice and fee:
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The Board of Tax Assessors certifies the appeal, forwarding all records to the Superior Court Clerk.
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You will receive a civil action file number and notification from the Clerk's office.
7. ⚖️ Superior Court = Formal Civil Lawsuit
At this point, your case becomes a civil legal action governed by the Georgia Civil Practice Act.
What to Expect:
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Legal Representation: Strongly recommended due to strict procedural rules.
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Discovery: Both sides may exchange evidence via interrogatories, document requests, and depositions.
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Settlement Negotiations: Possible before trial—your attorney may work with the County to reach an agreement.
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Trial: If no settlement is reached, the case can proceed to jury trial, where the jury decides your property’s fair market value.
8. 🧾 Possible Outcomes
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The jury determines the fair market value of your property.
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The judge issues a final order based on the jury’s verdict.
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If you’ve overpaid taxes, you may receive a refund. If the value is increased, you could owe additional tax.
⚠️ Key Considerations
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Legal Complexity: Court procedures are formal and rigid.
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Cost: Consider legal fees, appraiser/expert fees, and potential court costs.
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Time Commitment: Superior Court litigation may take several months or more.
📚 Resources – Gwinnett County Superior Court Property Tax Appeals
🏛️ Gwinnett County Board of Tax Assessors
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Appeal Information:
https://www.gwinnettcounty.com -
Contact:
Phone: 770-822-7200
Email: assessor@gwinnettcounty.com -
Address for Appeal Filing:
Gwinnett County Board of Tax Assessors
75 Langley Drive
Lawrenceville, GA 30046
🧾 Gwinnett County Tax Commissioner
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Tax Prepayment Info:
https://www.gwinnetttaxcommissioner.com
⚖️ Gwinnett County Clerk of Superior Court
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Filing Fee Confirmation & Civil Case Information:
https://www.gwinnettcourts.com -
Phone: 770-822-8100
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Address:
Clerk of Superior Court – Civil Division
Gwinnett Justice & Administration Center
75 Langley Drive
Lawrenceville, GA 30046
📜 Georgia Law
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O.C.G.A. § 48-5-311: Property tax appeals
https://law.justia.com/codes/georgia/2023/title-48/chapter-5/article-5/section-48-5-311/ -
O.C.G.A. § 48-5-29: Prepayment requirement
https://law.justia.com/codes/georgia/2023/title-48/chapter-5/article-1/section-48-5-29/