How to Respond to a Debt Collection Lawsuit in Georgia
The deadline to answer a debt lawsuit in Georgia, where to file, and what happens if you don't respond.
Short answer: Most consumer debt cases up to $15,000 are filed in Magistrate Court. The defendant must answer within 30 days after service, in writing or orally to the judge or clerk. O.C.G.A. § 15-10-43(c)-(e); Uniform Magistrate Court Rule 34.1
| Answering a debt lawsuit | Most consumer debt cases up to $15,000 are filed in Magistrate Court. The defendant must answer within 30 days after service, in writing or orally to the judge or clerk. A defendant who misses the deadline is in default but may open the default within 15 days by filing an answer and paying costs. Public mirror (FindLaw). |
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| Time limit to sue on a written contract | 6 years after the debt becomes due and payable for an action on a simple written contract. Official code published only via LexisNexis; text verified on a public mirror (FindLaw, current as of March 28, 2024). Source: O.C.G.A. § 9-3-24 |
| How long a judgment lasts | A judgment becomes dormant (unenforceable) if 7 years pass without the execution being recorded on the general execution docket, a levy entry, or a recorded public collection effort. Each such recorded entry starts a new 7-year period. A dormant judgment can be revived within 3 years after it becomes dormant. Public mirror (FindLaw). § 9-12-61: https://codes.findlaw.com/ga/title-9-civil-practice/ga-code-sect-9-12-61/ Source: O.C.G.A. §§ 9-12-60, 9-12-61 |
Where to get help in Georgia
More Georgia debt & collections
- Statute of Limitations on Debt in Georgia
- Wage Garnishment in Georgia
- What Creditors Can't Take in Georgia
- All Georgia debt & collections rules
FAQ
How do I respond to a debt collection lawsuit in Georgia?
Most consumer debt cases up to $15,000 are filed in Magistrate Court. The defendant must answer within 30 days after service, in writing or orally to the judge or clerk. A defendant who misses the deadline is in default but may open the default within 15 days by filing an answer and paying costs.
What is the statute of limitations on debt in Georgia?
6 years after the debt becomes due and payable for an action on a simple written contract.
How long does a court judgment last in Georgia?
A judgment becomes dormant (unenforceable) if 7 years pass without the execution being recorded on the general execution docket, a levy entry, or a recorded public collection effort. Each such recorded entry starts a new 7-year period. A dormant judgment can be revived within 3 years after it becomes dormant.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.