How to Respond to a Lawsuit in Georgia: Answer a Complaint (2026)

Q: How do I write an answer to a lawsuit in Georgia?

An answer responds to the plaintiff's complaint paragraph by paragraph, admitting or denying each allegation, and states any affirmative defenses you have. Superior Court and State Court have no statewide mandatory answer form, so you type your answer on standard paper with the court, parties, and case number in the caption as required by O.C.G.A. § 9-11-10. Magistrate Courts often provide a local fill-in answer form you can use instead.

Q: How long do I have to answer a small claims case in Georgia?

Georgia Magistrate Court, which hears small claims up to $15,000, uses the same 30 calendar days as a general civil case. Under O.C.G.A. § 15-10-43(c), the defendant must file an answer within 30 days after the date of service of the claim or summons. The answer can be written or, in many Magistrate Courts, given orally, and there is generally no fee to file it.

Q: How long do I have to respond to an eviction in Georgia?

Much less time than in a regular lawsuit. In a dispossessory (eviction) case, O.C.G.A. § 44-7-51(b) gives the tenant only 7 calendar days from the date of service to file an answer. Those 7 days run straight through and include weekends and holidays, so a notice served on a Friday can leave you owing an answer the following Friday. File your answer with the clerk of the court that issued the dispossessory, because missing this short window can lead to a writ of possession against you.

Q: What happens if the court enters a default judgment against me in Georgia?

If you do not answer in time, the case goes into default and the plaintiff can ask the judge for a default judgment under O.C.G.A. § 9-11-55, awarding what the complaint requests. Georgia is unusual in giving you a built-in cure: you can open the default as a matter of right within 15 calendar days after the default by filing your answer and paying costs. After that 15-day window, you must file a Motion to Open Default and convince the court, and only before final judgment is entered.

Q: On what grounds can I open a default in Georgia?

Once the automatic 15-day window passes, O.C.G.A. § 9-11-55(b) lets the court open a default before final judgment on one of three grounds: providential cause that prevented the filing, excusable neglect, or a proper case shown from all the facts. You generally must also pay costs, announce ready to proceed, and offer a meritorious defense. Because this is discretionary, the safest move is to file your answer within your original deadline rather than relying on opening a default later.

Q: Can I get more time to respond to a lawsuit in Georgia?

The base answer deadline is 30 calendar days in a general civil case under O.C.G.A. § 9-11-12(a), and a 7-calendar-day window in an eviction. Parties often agree in writing to extend the answer date, and you can ask the court for more time. The most reliable protection is to file at least a basic answer by your deadline to stop the default clock, then seek any extension, because the time keeps running until an answer is on file.

Reviewed by DocDraft Legal Team. Georgia. Last updated 2026-06-02

In Georgia, a defendant served with a summons and complaint must file a written answer to avoid a default judgment, and the deadline turns on which court your case is in. Under O.C.G.A. § 9-11-12(a), the answer in a general civil case in Superior Court or State Court is due within 30 calendar days after the service of the summons and complaint. A small claims case in Magistrate Court (claims up to $15,000) uses the same 30 calendar days under O.C.G.A. § 15-10-43(c), and a response to a divorce or family petition also follows the 30-day rule. The short track is eviction. In a dispossessory (eviction) case, O.C.G.A. § 44-7-51(b) gives the defendant only 7 calendar days from the date of service to file an answer, and those 7 days include weekends and holidays. If you miss your deadline, the plaintiff can ask the judge for a default judgment under O.C.G.A. § 9-11-55, which in Georgia you can open as a matter of right within 15 calendar days after the default by paying costs.

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How long do I have to respond to a lawsuit in Georgia?

It depends on the court. For a general civil case in Superior Court or State Court, O.C.G.A. § 9-11-12(a) gives you 30 calendar days after the date you were served with the summons and complaint to file your answer. A Magistrate Court (small claims) case uses the same 30 calendar days under O.C.G.A. § 15-10-43(c). The major exception is eviction: in a dispossessory case, O.C.G.A. § 44-7-51(b) gives you only 7 calendar days from service, and those 7 days include weekends and holidays.

How do I respond to a summons and complaint in Georgia?

You respond by filing a written answer with the clerk of the court named in the summons, then serving a copy on the plaintiff or the plaintiff's attorney under O.C.G.A. § 9-11-5(b) and filing a certificate of service. You can file in person, by mail, or electronically, and many Georgia courts now mandate e-filing through eFileGA or PeachCourt for civil cases. Your answer responds to each numbered paragraph of the complaint and states any affirmative defenses you have.

What happens if I don't answer a summons in Georgia?

If you do not answer within your deadline, the case goes into default and the plaintiff can ask the judge for a default judgment under O.C.G.A. § 9-11-55. The court can then grant what the complaint requests. Georgia gives you a built-in second chance: you can open the default as a matter of right within 15 calendar days after the default by filing your answer and paying costs, and after that only with the court's permission before final judgment.

Can I answer a lawsuit without a lawyer in Georgia?

Yes. A self-represented defendant can file an answer in Georgia. Superior Court and State Court have no statewide mandatory answer form, so you type your answer on standard paper with the correct caption under O.C.G.A. § 9-11-10. Magistrate Courts often provide a local fill-in answer form. There is generally no fee to file an initial answer, and if you cannot afford court costs you can file a Pauper's Affidavit to ask the court to waive them.

Georgia response framework at a glance

Georgia turns first on which court your case is in, because the answer deadline is the same 30 calendar days for most tracks but drops sharply for eviction. For a general civil suit in Superior Court or State Court, O.C.G.A. § 9-11-12(a) requires the defendant to serve an answer within 30 calendar days after the service of the summons and complaint. Small claims in Magistrate Court, which hears civil claims up to $15,000, run on the same 30 calendar days under O.C.G.A. § 15-10-43(c), and a response to a divorce or family petition also follows the 30-day rule. The short track is the dispossessory (eviction) case. Under O.C.G.A. § 44-7-51(b), the tenant has only 7 calendar days from the date of service to file an answer, and Georgia courts count those 7 days straight through, including weekends and holidays. Answers are filed with the clerk of the court named in the summons, in person, by mail, or electronically through eFileGA or PeachCourt where e-filing is mandated, and a copy is served on the plaintiff under O.C.G.A. § 9-11-5(b). The Georgia judicial branch publishes court information and self-help material at georgiacourts.gov, the Georgia Department of Law's consumer site at consumer.georgia.gov explains the answer timeline and default consequences for self-represented defendants, and GeorgiaLegalAid.org hosts plain-language guides and the Pauper's Affidavit defendants use to ask the court to waive filing costs.

Court Resources

Georgia Consumer Protection. Other Options for Resolving Your Dispute

Georgia Department of Law guide explaining the courts that hear civil and small claims cases, the 30-day window most defendants have to answer, and what happens if you do not respond and the plaintiff asks for a default judgment.

Judicial Council of Georgia / Georgia Courts

The Georgia judicial branch portal, with the statewide court directory, links to Superior, State, and Magistrate Courts, and e-filing access through PeachCourt and eFileGA for civil filings.

Pauper's Affidavit / Affidavit of Poverty (fee waiver)

Court DIY forms library hosting the Affidavit of Indigence a defendant files to ask the court to waive filing costs when they cannot pay due to poverty, available through the Dougherty County Law Library forms collection.

Relevant Laws

O.C.G.A. § 9-11-12(a) (30-Day Answer Deadline)

Provides that a defendant shall serve an answer within 30 calendar days after the service of the summons and complaint, unless otherwise provided by statute. This is the standard general civil and family answer deadline in Georgia, a flat 30-day calendar count. The Georgia Department of Law's consumer site confirms the 30-day window for self-represented defendants.

O.C.G.A. § 15-10-43(c) (30-Day Magistrate Court / Small Claims Answer)

Requires a defendant in Magistrate Court, which hears civil claims up to $15,000, to file an answer within 30 calendar days after the date of service. The answer may be written or, in many Magistrate Courts, given orally, and there is generally no fee to file it.

O.C.G.A. § 44-7-51(b) (7-Day Dispossessory / Eviction Answer)

Gives a tenant in a dispossessory (eviction) case 7 calendar days from the date of service to file an answer. The 7 days are counted straight through and include weekends and holidays, making this the shortest answer window in Georgia.

O.C.G.A. § 9-11-55 (Default Judgment and Opening Default)

Provides that if the defendant fails to answer in time, the plaintiff can ask the judge for a default judgment, and allows the defendant to open the default as a matter of right within 15 calendar days after the default by paying costs, or thereafter at the court's discretion before final judgment on providential cause, excusable neglect, or a proper case.

O.C.G.A. § 9-11-5(b) (Filing and Service of the Answer)

Requires the defendant to serve a copy of the answer on the plaintiff or the plaintiff's attorney by mail or electronic service and to file a certificate of service. Answers are filed with the clerk of the court named in the summons, in person, by mail, or electronically through eFileGA or PeachCourt where e-filing is mandated.

O.C.G.A. § 9-11-13 (Compulsory and Permissive Counterclaims)

Makes a counterclaim compulsory if it arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim, meaning the defendant can lose it if not raised in the answer, and permissive for unrelated claims.

O.C.G.A. § 9-3-24 (Six-Year Limitations on Written Contracts)

Sets a six-year statute of limitations for an action on a simple written contract, a common affirmative defense in Georgia debt-collection lawsuits, often paired with the federal debt-validation right under 15 U.S.C. § 1692g.

Regional Variances

Answer deadline by case track in Georgia

General civil case (O.C.G.A. § 9-11-12(a))

Written answer due within 30 calendar days after the date of service of the summons and complaint. This is the default Superior Court and State Court deadline and the one most defendants are working against. It is a flat 30-day calendar count, not court or business days.

Magistrate Court / small claims (O.C.G.A. § 15-10-43(c))

Answer due within 30 calendar days after the date of service for claims up to $15,000. The answer may be written or oral, and there is generally no fee to file it. The 30-day count matches the general civil track.

Dispossessory / eviction (O.C.G.A. § 44-7-51(b))

Answer due within 7 calendar days from the date of service, counted straight through including weekends and holidays. This is by far the shortest window in Georgia, so an eviction defendant must act within a week of being served.

Divorce / family response (O.C.G.A. § 9-11-12(a))

Same 30-calendar-day rule as a general civil case, filed in Superior Court, which hears divorce exclusively. Missing it can let the divorce or family matter proceed by default on property, support, and custody.

Which Georgia court hears your case, by amount

Magistrate Court (small claims)

Hears civil claims up to $15,000. The defendant files a written or oral answer within 30 calendar days of service under O.C.G.A. § 15-10-43(c). There is generally no fee to file the answer, and Magistrate Courts often provide a local answer form.

State Court

Hears general civil claims over $15,000 that do not require Superior Court's exclusive jurisdiction. The 30-calendar-day answer deadline under O.C.G.A. § 9-11-12(a) applies, with the answer filed on standard pleading paper with a proper caption.

Superior Court

The general-jurisdiction trial court, with exclusive jurisdiction over equity, land titles, and divorce. The same 30-calendar-day answer deadline applies, and many counties mandate e-filing through eFileGA or PeachCourt.

Suggested Compliance Checklist

Calculate your answer deadline from the date you were served

Day 0 (date of service) days after starting

Find the deadline that matches your court. For a general civil or family case, count 30 calendar days from the date of service under O.C.G.A. § 9-11-12(a). Magistrate Court (small claims up to $15,000) uses the same 30 calendar days under O.C.G.A. § 15-10-43(c). A dispossessory (eviction) case gives you only 7 calendar days from service under O.C.G.A. § 44-7-51(b), counting weekends and holidays. Mark the exact date on a calendar.

Identify your court and case track

Within 2 days of service days after starting

Read the summons to confirm whether your case is in Magistrate Court, State Court, or Superior Court, and whether it is general civil, eviction (dispossessory), or family. The track decides your deadline, with eviction running on a 7-day clock and everything else on 30 calendar days. Confirm the court named in the summons, because that is where your answer must be filed.

Identify your defenses and any counterclaims

Before drafting the answer days after starting

List the affirmative defenses that fit your facts, such as statute of limitations, payment, release, fraud, accord and satisfaction, or insufficiency of service of process, all of which must be pleaded in the answer. In debt cases, check the six-year written-contract limitations period under O.C.G.A. § 9-3-24. If you have a claim against the plaintiff from the same transaction, you generally must plead it as a compulsory counterclaim under O.C.G.A. § 9-11-13 or lose it.

Draft the answer in the correct caption and format

Before the answer deadline days after starting

Respond to each numbered paragraph of the complaint, admitting or denying it, and add your affirmative defenses. Superior Court and State Court have no statewide mandatory answer form, so type your answer on standard paper with the court, parties, and case number in the caption as required by O.C.G.A. § 9-11-10. Magistrate Courts often provide a local fill-in answer form you can use instead.

Document: answer-to-complaint

File the answer with the clerk of the correct court

On or before the answer deadline days after starting

File with the clerk of the court named in the summons, in person, by mail, or electronically. Many Georgia courts mandate e-filing through eFileGA or PeachCourt for civil cases. There is generally no fee to file an initial answer, though fees may apply if you add counterclaims or cross-claims.

Serve the plaintiff with a copy of your answer

With or promptly after filing days after starting

Serve a copy of the filed answer on the plaintiff or the plaintiff's attorney by mail or electronic service under O.C.G.A. § 9-11-5(b), and file a certificate of service stating how and when you served it. Keep proof of service for your records.

Request a fee waiver if you cannot afford court costs

At the time of filing days after starting

Filing an initial answer is generally free in Georgia, but if other court costs apply and you cannot pay them due to poverty, file a Pauper's Affidavit, also called an Affidavit of Poverty or Indigence. Submitting it asks the court to waive your costs and lets your case proceed while the court reviews your eligibility.

Appear at the hearing or trial set by the court

As set by the court days after starting

Calendar every date the court sets. This is especially important in a dispossessory case, where the 7-calendar-day answer window is short and a hearing follows quickly. Bring your evidence and a copy of the answer you filed. Attorney review is available as an option before you file if your case involves the short 7-day eviction deadline, a debt-collection statute-of-limitations question, or a disputed service-of-process issue.

Task	Description	Document	Days after starting
Calculate your answer deadline from the date you were served	Find the deadline that matches your court. For a general civil or family case, count 30 calendar days from the date of service under O.C.G.A. § 9-11-12(a). Magistrate Court (small claims up to $15,000) uses the same 30 calendar days under O.C.G.A. § 15-10-43(c). A dispossessory (eviction) case gives you only 7 calendar days from service under O.C.G.A. § 44-7-51(b), counting weekends and holidays. Mark the exact date on a calendar.	-	Day 0 (date of service)
Identify your court and case track	Read the summons to confirm whether your case is in Magistrate Court, State Court, or Superior Court, and whether it is general civil, eviction (dispossessory), or family. The track decides your deadline, with eviction running on a 7-day clock and everything else on 30 calendar days. Confirm the court named in the summons, because that is where your answer must be filed.	-	Within 2 days of service
Identify your defenses and any counterclaims	List the affirmative defenses that fit your facts, such as statute of limitations, payment, release, fraud, accord and satisfaction, or insufficiency of service of process, all of which must be pleaded in the answer. In debt cases, check the six-year written-contract limitations period under O.C.G.A. § 9-3-24. If you have a claim against the plaintiff from the same transaction, you generally must plead it as a compulsory counterclaim under O.C.G.A. § 9-11-13 or lose it.	-	Before drafting the answer
Draft the answer in the correct caption and format	Respond to each numbered paragraph of the complaint, admitting or denying it, and add your affirmative defenses. Superior Court and State Court have no statewide mandatory answer form, so type your answer on standard paper with the court, parties, and case number in the caption as required by O.C.G.A. § 9-11-10. Magistrate Courts often provide a local fill-in answer form you can use instead.	answer-to-complaint	Before the answer deadline
File the answer with the clerk of the correct court	File with the clerk of the court named in the summons, in person, by mail, or electronically. Many Georgia courts mandate e-filing through eFileGA or PeachCourt for civil cases. There is generally no fee to file an initial answer, though fees may apply if you add counterclaims or cross-claims.	-	On or before the answer deadline
Serve the plaintiff with a copy of your answer	Serve a copy of the filed answer on the plaintiff or the plaintiff's attorney by mail or electronic service under O.C.G.A. § 9-11-5(b), and file a certificate of service stating how and when you served it. Keep proof of service for your records.	-	With or promptly after filing
Request a fee waiver if you cannot afford court costs	Filing an initial answer is generally free in Georgia, but if other court costs apply and you cannot pay them due to poverty, file a Pauper's Affidavit, also called an Affidavit of Poverty or Indigence. Submitting it asks the court to waive your costs and lets your case proceed while the court reviews your eligibility.	-	At the time of filing
Appear at the hearing or trial set by the court	Calendar every date the court sets. This is especially important in a dispossessory case, where the 7-calendar-day answer window is short and a hearing follows quickly. Bring your evidence and a copy of the answer you filed. Attorney review is available as an option before you file if your case involves the short 7-day eviction deadline, a debt-collection statute-of-limitations question, or a disputed service-of-process issue.	-	As set by the court

Frequently Asked Questions

How do I write an answer to a lawsuit in Georgia?

How long do I have to answer a small claims case in Georgia?

How long do I have to respond to an eviction in Georgia?

What happens if the court enters a default judgment against me in Georgia?

On what grounds can I open a default in Georgia?

Can I get more time to respond to a lawsuit in Georgia?

What if I can't afford the court costs in Georgia?

Can I challenge how I was served with the lawsuit in Georgia?

What affirmative defenses and counterclaims can I raise in Georgia?

What defenses apply to debt collection lawsuits in Georgia?

How do I respond to divorce papers without an attorney in Georgia?

Other Georgia guides

How to File a Small Claims Lawsuit in Georgia (2026)

How to Dispute a Bill in Georgia (2026)

How to Break a Lease in Georgia Legally (2026)

Asset Protection Planning in Georgia (2026)

Setting Up a Business Partnership in Georgia (2026)

Small Business Loan Guide for Georgia (2026)

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