Georgia Answer to a Complaint

Introduction

Key Things to Know

1. 1

   Your deadline is 30 calendar days. In a general civil case, O.C.G.A. § 9-11-12(a) gives you 30 calendar days after the summons and complaint are served on you to serve your answer.

2. 2

   There is no statewide answer form. Superior and State Courts require a typed pleading on standard paper, not a fill-in form. Magistrate Courts often provide a local Answer form you can use.

3. 3

   Your caption follows a set format. Format the case caption under O.C.G.A. § 9-11-10, naming the court from the summons, the parties, and the case number.

4. 4

   You file with the court named in the summons. In a general civil case that is the Superior Court or State Court. Many Georgia courts mandate e-filing for civil cases through eFileGA or PeachCourt.

5. 5

   You must serve the plaintiff. After filing, serve a copy of your answer on the plaintiff or their attorney by mail or electronic service and file a certificate of service under O.C.G.A. § 9-11-5(b).

6. 6

   There is usually no fee to answer, with a waiver. Filing an initial answer generally costs nothing, though fees may apply if you add a counterclaim. If you cannot pay, you can file a Pauper's Affidavit (Affidavit of Poverty).

7. 7

   Know the Georgia defenses. The statute of limitations on a written contract is six years under O.C.G.A. § 9-3-24, a frequent defense in debt cases alongside payment, accord and satisfaction, and statute of frauds.

Georgia Requirements for Answer to a Complaint

• 30-Day Answer Deadline

  In a general civil case, O.C.G.A. § 9-11-12(a) requires you to serve your answer within 30 calendar days after the summons and complaint are served on you. A dispossessory (eviction) answer is due in only 7 calendar days under O.C.G.A. § 44-7-51(b), so confirm which track your case is on.

• Typed Pleading, No Statewide Form

  There is no statewide mandatory answer form for Superior or State Court, so you type the answer as a standard pleading on regular paper and respond to the complaint paragraph by paragraph. Magistrate Courts often provide a local Answer form for small claims cases up to $15,000.

• Court Caption Under O.C.G.A. 9-11-10

  Format the case caption to follow O.C.G.A. § 9-11-10, naming the court from the summons (Superior Court or State Court in a general civil case), the plaintiff and defendant, and the civil action file number.

• File With the Court Clerk

  File your answer with the clerk of the court named in the caption of the summons. Many Georgia courts mandate electronic filing for civil cases through eFileGA or PeachCourt under Uniform Superior Court Rule 36; in person and by mail are also accepted where e-filing is not required.

• Serve the Plaintiff and File a Certificate

  After filing, serve a copy of your answer on the plaintiff or the plaintiff's attorney by mail or electronic service and file a certificate of service, as required by O.C.G.A. § 9-11-5(b).

• Filing Fee or Pauper's Affidavit

  There is generally no fee to file an initial answer, though fees may apply if you add a counterclaim or cross-claim. If you cannot afford court costs because of poverty, you can request a waiver by filing a Pauper's Affidavit (Affidavit of Poverty).

• Raise Your Affirmative Defenses

  Plead each affirmative defense you intend to rely on, such as statute of limitations, payment, accord and satisfaction, release, fraud, or statute of frauds. In a debt case on a written contract, the statute of limitations is six years under O.C.G.A. § 9-3-24.

• Include Any Counterclaim

  Under O.C.G.A. § 9-11-13, a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim is compulsory and can be waived if you do not raise it in your answer. Other, unrelated claims are permissive and may be included at your option.