How to answer a debt lawsuit in Georgia

Your deadline, the official form if there is one, fees and defenses, and the steps to file your answer.

Checked against official sources: Oct 24, 2026.

Short answer

Magistrate Court or State Court: 30 days. Magistrate Court: file a short answer with the clerk, or tell it to the judge or clerk in person, who will write it down.

Time to answer
30 days
Official answer form
No official form found

The answer deadline in Georgia, court by court

  • Magistrate Court or State Court: 30 days.

30 days after you are served (Magistrate Court and State Court).

Law: O.C.G.A. § 15-10-43(c); O.C.G.A. § 9-11-12

In nearby states

Work out your answer date

The date is counted in your browser.

The court's name is at the top of your summons.

An estimate from our state data, not legal advice. Court holidays and local rules can change a deadline. File early, and ask the court clerk if you are not sure.

How to file your answer 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.

Defenses you can raise in Georgia

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.

A written-contract debt in Georgia must be sued on within 6 years. Raise an older debt as a defense in your answer.

How you must be served in Georgia

Service means officially getting the court papers. Your deadline usually starts that day.

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)

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

Fees and fee waivers in Georgia

If you can't pay the fees

Ask the clerk for an affidavit of indigence (pauper's affidavit) to file without paying costs.

What to do now in Georgia

  1. Read the papers

    The summons names the court, the case number and the lawyer suing you. Keep it safe.

  2. Mark your deadline

    Your deadline in Georgia: Magistrate Court or State Court: 30 days.

  3. Answer in writing

    The clerk takes your answer; the plaintiff's lawyer gets a copy; you keep a copy.

  4. Request the debt documents

    Use a documents request letter to see what they can prove.

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)

Where to get free help in Georgia

Questions about answering in Georgia

How many days do I get to answer in Georgia?

30 days after you are served (Magistrate Court and State Court).

How do I file an answer 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.

Can Georgia courts waive my fees?

Ask the clerk for an affidavit of indigence (pauper's affidavit) to file without paying costs.

More for Georgia

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources
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