DocDraft Logo

Georgia Answer to a Complaint

Georgia gives you 30 calendar days to answer a complaint under O.C.G.A. 9-11-12(a). File in Superior or State Court on time to avoid a default judgment.

Introduction

A Georgia Answer to a Complaint is the written response you file after you are served with a civil summons and complaint. It admits or denies each numbered allegation, raises the affirmative defenses you intend to rely on, and, if you have a related claim of your own, includes a counterclaim. In a general civil case, O.C.G.A. § 9-11-12(a) gives you 30 calendar days from the date the summons and complaint are served on you to serve your answer. What sets a Georgia answer apart is that there is no statewide mandatory answer form for Superior or State Court, so you type the answer as a standard pleading that follows the caption rule in O.C.G.A. § 9-11-10. You file it with the clerk of the court named in the summons, which in a general civil case is the Superior Court or State Court, and serve a copy on the plaintiff under O.C.G.A. § 9-11-5(b). Miss the deadline and the plaintiff can ask the judge for a default judgment under O.C.G.A. § 9-11-55, which you would then have to move to open. DocDraft drafts a Georgia-formatted answer from your facts, with attorney review available before you file.

0/5000

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.

Key Decisions

Responding to the Allegations

Affirmative Defenses and Counterclaims

Filing and Serving Your Answer

Customize your Answer to a Complaint Template with DocDraft

IN THE SUPERIOR COURT OR STATE COURT OF [COUNTY] COUNTY STATE OF GEORGIA

[PLAINTIFF NAME], Plaintiff,

 v.                              Civil Action File No. [CASE NUMBER]

[DEFENDANT NAME], Defendant.

DEFENDANT'S ANSWER TO COMPLAINT

COMES NOW [DEFENDANT NAME], Defendant in the above-styled action, and answers the Complaint of Plaintiff [PLAINTIFF NAME] as follows. (The caption above follows the format required by O.C.G.A. § 9-11-10.)

RESPONSES TO ALLEGATIONS

  1. Answering paragraph 1 of the Complaint, Defendant [admits / denies / is without sufficient knowledge or information to form a belief as to the truth of the allegations and therefore denies them].
  2. Answering paragraph 2 of the Complaint, Defendant [admits / denies / is without sufficient knowledge or information to form a belief and therefore denies]. [Continue for each numbered paragraph of the Complaint. Any allegation not specifically admitted is denied.]

AFFIRMATIVE DEFENSES First Defense: [e.g., the claim is barred by the six-year statute of limitations on a written contract under O.C.G.A. § 9-3-24]. Second Defense: [e.g., payment; accord and satisfaction; statute of frauds; release]. [Add each affirmative defense you intend to rely on.]

COUNTERCLAIM (if any) [State any claim you have against the Plaintiff. Under O.C.G.A. § 9-11-13, a counterclaim arising out of the same transaction or occurrence as the Plaintiff's claim is compulsory and may be waived if not raised here.]

PRAYER FOR RELIEF WHEREFORE, Defendant prays that the Complaint be dismissed, that Plaintiff take nothing, that Defendant recover costs, and for such other relief as the Court deems just and proper.

This ____ day of ______, 20.

[DEFENDANT NAME], Defendant, Pro Se [ADDRESS / PHONE / EMAIL]

CERTIFICATE OF SERVICE I certify that on [DATE] I served a copy of this Answer on [PLAINTIFF / PLAINTIFF'S ATTORNEY] at [ADDRESS] by [mail / electronic service] in accordance with O.C.G.A. § 9-11-5(b).

[DEFENDANT NAME]

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.

Frequently Asked Questions

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 written answer. The deadline is much shorter for a dispossessory (eviction) case, where O.C.G.A. § 44-7-51(b) allows only 7 calendar days from service, counting weekends and holidays. Missing your deadline can lead to a default judgment.

There is no statewide mandatory answer form for Superior or State Court. You type your answer as a standard pleading on regular paper, with a case caption that follows O.C.G.A. § 9-11-10, and respond to the complaint paragraph by paragraph. Magistrate Courts, which handle small claims up to $15,000, often provide a local Answer form you can complete instead.

File your answer with the clerk of the court named in the caption of the summons. In a general civil case that is the Superior Court or State Court. Many Georgia courts mandate electronic filing for civil cases through eFileGA or PeachCourt under Uniform Superior Court Rule 36. After filing, you serve a copy on the plaintiff and file a certificate of service under O.C.G.A. § 9-11-5(b).

There is generally no fee to file an initial answer in Georgia, though fees may apply if you include a counterclaim or cross-claim. If you cannot afford court costs because of poverty, you can ask the court to waive them by filing a Pauper's Affidavit, also called an Affidavit of Poverty.

If you do not answer within the time allowed, the plaintiff can ask the judge for a default judgment under O.C.G.A. § 9-11-55. You may be able to reopen the case by filing a Motion to Open Default within 15 days after the default as a matter of right, and after that only at the court's discretion before final judgment, by showing providential cause, excusable neglect, or a proper case. Filing on time is the reliable path.

Yes, and you may be required to. Under O.C.G.A. § 9-11-13, a counterclaim is compulsory if it arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim, meaning you can lose the right to bring it later if you do not raise it now. Claims that do not arise from the same transaction are permissive and may be included at your option.