Sued in Georgia? You have 30 days to answer
Magistrate Court or State Court: 30 days.
Checked against official sources: Oct 24, 2026. · Free letters and forms ↓
Count your answer deadline in Georgia
Pick your court and the day you were served (got the court papers). We show the last day to answer and what to do next.
Georgia guides by topic
How to answer in Georgia
Your deadline by court, the official form, fees and defenses.
Default judgment in Georgia
What a default means and how to set it aside, with a calculator.
Which court hears debt cases in Georgia
Magistrate Court
Many credit card and other consumer debt suits of $15,000 or less (not counting interest and costs) are filed here. For cases filed on or after January 1, 2027, the limit rises to $25,000 (HB 999, 2026). There are no jury trials, and the case starts with a sworn Statement of Claim.
Law: O.C.G.A. §§ 15-10-2(a)(5), 15-10-41(a), 15-10-43(a); HB 999 (2026), § 3
State Court
Counties with a State Court use it for larger civil cases, including debt suits over the magistrate limit. The Civil Practice Act rules apply.
Law: O.C.G.A. § 9-11-12
Superior Court
Hears civil cases of any amount, mainly in counties without a State Court.
How to answer in Georgia
- How to answer
Magistrate Court: file a short answer with the clerk, or tell it to the judge or clerk in person, who will write it down. Some courts' forms say only written answers are accepted and none by phone. The answer must admit or deny the claim and give the address where you want to get the hearing notice. State and Superior Court: file a written answer with the clerk and serve a copy on the plaintiff's lawyer. Many courts accept e-filing through eFileGA.
- If you can't pay the fees
Ask the clerk for an affidavit of indigence (pauper's affidavit) to file without paying costs.
- How you must be served
Magistrate Court: a copy of the sworn Statement of Claim must be handed to you, or left at your home with someone of suitable age and discretion who lives there, or delivered to your authorized agent. A sheriff, constable or specially appointed adult not involved in the case serves it.
Law: O.C.G.A. § 15-10-43(b)
Law: O.C.G.A. § 15-10-43(c); O.C.G.A. § 9-11-12
Defenses to know in Georgia
- Defenses in Georgia law
The statute of limitations is a defense: the Georgia Attorney General says credit card debt generally has a 6-year limit, and a payment, promise to pay or new charge can restart it. In Magistrate Court your answer must admit or deny the claim, and you can add a counterclaim in writing.
- Time limit to sue (written contract)
- 6 years · More on old debts at Debt Collector Map
If you missed the deadline in Georgia
A default judgment means the court decides against you because you didn't answer. You may be able to ask the court to set it aside (cancel it), but time limits are short.
- What happens
If you do not answer within 30 days after service, you are in default. If the claim is for a set amount of money (like a credit card balance), the plaintiff can get a default judgment without more proof once 15 more days pass. There is no appeal from a magistrate default judgment.
- How to set it aside (cancel it)
Magistrate Court: you can open the default as a matter of right by filing an answer and paying the costs within 15 days after the default (that is, within 45 days after service). After that, but before final judgment, the judge may open it for providential cause or excusable neglect, if you show under oath a meritorious defense and are ready for trial. After a judgment, you can ask for relief from the judgment on the same grounds a State Court allows, by filing a new action in the Magistrate Court.
Law: O.C.G.A. § 15-10-43(d), (f), (g); § 15-10-41(b)
Count your deadline to set aside a default
Mediation and settlement in Georgia
Some counties require mediation before a Magistrate Court hearing unless the court waives it; the clerk will tell you and send a mediation notice.
Law: Uniform Magistrate Court Rules, clerk guidance
Garnishment, bank levy and exemptions in Georgia
Exempt means protected by law: money or property the creditor can't take. Often you must claim it yourself, fast.
- Wage garnishment (taking part of your pay)
The federal limit applies, so a creditor can take the lesser of 25% of your weekly disposable earnings or the amount above $217.50 a week (30 times the federal minimum wage).
Law: 15 U.S.C. § 1673; Notice to Defendant of Right Against Garnishment
- Bank levy (freezing and taking money in your bank account)
The creditor files a garnishment against your bank. The bank must hold money in your account on the day it is served and for the next five days. Social Security, SSI, unemployment, workers' compensation, veterans' benefits, state pensions and disability income are among the exempt funds, even in a bank. No fixed dollar amount is protected automatically.
- How to claim an exemption
You will be served with a Notice to Defendant of Right Against Garnishment and a Defendant's Claim Form. Fill out the claim form and file it with the clerk of the court that issued the garnishment, and mail or deliver a copy to the plaintiff and the garnishee (employer or bank). File it as soon as possible: you may lose your right to claim an exemption if you do not file within 20 days after the garnishee files its answer. The court sets a hearing within 10 days; bring proof of where the money came from.
Law: O.C.G.A. §§ 18-4-6, 18-4-8, 18-4-82 (as quoted on court garnishment forms)
These garnishment limits are from our sister site, which checks them against official sources: Debt Collector Map: Georgia
Count your deadline to claim an exemption
Free help in Georgia
- GeorgiaLegalAid.org (LawHelp network, free legal aid finder)
- Atlanta Legal Aid Society (metro Atlanta)
- Georgia Legal Services Program (outside metro Atlanta)
- Find free legal help at LawHelp.org
Court self-help
Free letters and forms
Ask the plaintiff's lawyer for the debt documents
The contract, the chain of ownership and an itemization of what they claim.
Exemption claim cover letter
A letter to the court clerk to file with your exemption claim form.
Good to know in Georgia
- In Magistrate Court you can open a default yourself, as a right, by filing an answer and paying costs within 15 days after the answer was due (O.C.G.A. § 15-10-43(d)).
- You cannot appeal a Magistrate Court default judgment; review is by certiorari to the State or Superior Court (O.C.G.A. § 15-10-41(b)).
- Your bank must hold garnished money only for the day of service and the next five days, so later deposits are not caught by that garnishment (Gwinnett Magistrate Court garnishment FAQ).
Changes in 2024–2026
HB 999 (2026), passed by the House and Senate and not vetoed, raises the Magistrate Court limit from $15,000 to $25,000 for cases filed on or after January 1, 2027.
Law: O.C.G.A. § 15-10-2(a)(5)
Federal rules in every state
- Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
- Old debts. A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on. Law: 12 CFR 1006.26(b)
- Before a default judgment. Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service. Law: 50 U.S.C. 3931(b)(1)
- Your pay. For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more. Law: 15 U.S.C. 1673(a)
- Federal benefits in the bank. Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask. Law: 31 CFR 212.5, 212.6
Questions about debt lawsuits in Georgia
How long do I have to answer a debt lawsuit in Georgia?
30 days after you are served (Magistrate Court and State Court).
How do I answer a debt lawsuit in Georgia?
Magistrate Court: file a short answer with the clerk, or tell it to the judge or clerk in person, who will write it down. Some courts' forms say only written answers are accepted and none by phone. The answer must admit or deny the claim and give the address where you want to get the hearing notice. State and Superior Court: file a written answer with the clerk and serve a copy on the plaintiff's lawyer. Many courts accept e-filing through eFileGA.
What if I can't afford the court fees in Georgia?
Ask the clerk for an affidavit of indigence (pauper's affidavit) to file without paying costs.
What happens if I don't answer in Georgia?
If you do not answer within 30 days after service, you are in default. If the claim is for a set amount of money (like a credit card balance), the plaintiff can get a default judgment without more proof once 15 more days pass. There is no appeal from a magistrate default judgment.
Can I cancel a default judgment in Georgia?
Magistrate Court: you can open the default as a matter of right by filing an answer and paying the costs within 15 days after the default (that is, within 45 days after service). After that, but before final judgment, the judge may open it for providential cause or excusable neglect, if you show under oath a meritorious defense and are ready for trial. After a judgment, you can ask for relief from the judgment on the same grounds a State Court allows, by filing a new action in the Magistrate Court.
Can my wages be garnished in Georgia?
The federal limit applies, so a creditor can take the lesser of 25% of your weekly disposable earnings or the amount above $217.50 a week (30 times the federal minimum wage).
Can a creditor take money from my bank account in Georgia?
The creditor files a garnishment against your bank. The bank must hold money in your account on the day it is served and for the next five days. Social Security, SSI, unemployment, workers' compensation, veterans' benefits, state pensions and disability income are among the exempt funds, even in a bank. No fixed dollar amount is protected automatically.
How do I claim an exemption in Georgia?
You will be served with a Notice to Defendant of Right Against Garnishment and a Defendant's Claim Form. Fill out the claim form and file it with the clerk of the court that issued the garnishment, and mail or deliver a copy to the plaintiff and the garnishee (employer or bank). File it as soon as possible: you may lose your right to claim an exemption if you do not file within 20 days after the garnishee files its answer. The court sets a hearing within 10 days; bring proof of where the money came from.
More help on our sister sites
Sources
- Gwinnett County Magistrate Court: Civil FIFA / claims page (quotes O.C.G.A. §§ 15-10-2, 15-10-41, 15-10-43, 15-10-50)
- Gwinnett County Magistrate Court: Garnishment FAQs
- Magistrate Court of Richmond County: Notice to Defendant of Right Against Garnishment and Defendant's Claim Form
- Magistrate Court of Chatham County: Statement of Claim form
- Uniform Magistrate Court Rules (with clerk guidance), as posted by Gwinnett County Courts
- Judicial Council of Georgia: Self-help resources
- Georgia General Assembly: HB 999 (2025-2026), as passed House and Senate
Last checked: Oct 24, 2026.
- Venue for debt collection suits, 15 U.S.C. 1692i
- Time-barred debts, 12 CFR 1006.26 (Regulation F)
- Default judgments and servicemembers, 50 U.S.C. 3931
- Restrictions on garnishment, 15 U.S.C. 1673
- Federal benefit payments in bank accounts, 31 CFR part 212
- CFPB: What should I do if I'm sued by a debt collector or creditor?