Sued by a debt collector in Georgia

Your deadline to answer in Georgia

Time to answer

30 days after you are served, in writing. This is the deadline in both Magistrate Court (statement of claim form) and State Court (summons form). Magistrate Court does not accept answers by phone.

Court self-help

Georgia court self-help (official)

Our 48 state guides range from 14 to 30 days to answer; Georgia's 30 days is longer than most.

In nearby states

• Florida: Date on the summons
• Alabama: 14 days
• North Carolina: 30 days
• South Carolina: 30 days

Missing the deadline in Georgia

If you do not answer in writing within 30 days, the court will enter a default judgment against you (Magistrate Court statement of claim form; State Court summons form).

Old debts as a defense in Georgia

Georgia's time limit to sue is 6 years (Georgia Attorney General's Consumer Protection Division, Consumer Ed, 'What is the statute of limitations on credit card debt?' (July 17, 2018): credit card debt, generally 6 years). Be careful before you pay on an old debt in Georgia: The Georgia Attorney General says that making a payment, promising to pay, entering a payment agreement, or using the account for a new charge can restart the time limit, and it restarts at zero (Georgia AG Consumer Protection Division, 'Ask Consumer Ed', July 17, 2018). Under federal law, a collector must not sue or threaten to sue you on a debt that is too old to sue on (12 CFR 1006.26(b)).

Check Georgia's statute of limitations

More Georgia rules on collection suits

• The Attorney General says the time limit to sue on credit card debt in Georgia is generally 6 years. If you are sued on a time-barred debt, the Attorney General says you should answer and raise the time limit as a defense. If you don't answer, the collector can get a default judgment and take money from your pay, bank account or tax refund (consumered.georgia.gov).

If the collector wins in Georgia

• Wage limit: A creditor can take the lesser of 25% of your weekly disposable earnings, or the amount above $217.50 a week (30 times the federal minimum wage).

Georgia's garnishment rules

Responding to a debt lawsuit in Georgia

1. Confirm the case with the court

   Look it up with the court yourself, not through a number on the papers.

2. Note the answer date

   In Georgia: 30 days after you are served, in writing. This is the deadline in both Magistrate Court (statement of claim form) and State Court (summons form).

3. File a written answer

   Give the answer to the clerk and send a copy to the other side's lawyer. Start with Georgia court self-help (official).

4. Think about defenses

   Is it yours, is the amount right, did you pay, is it older than Georgia's 6 years for written contracts?

5. Don't skip a hearing

   Take your papers to each hearing; a dispute letter still makes the collector prove the debt.

Where to get free help in Georgia

• Georgia Attorney General's Consumer Protection Division · 404-651-8600
• Georgia Courts: Self-Help Resources
• GeorgiaLegalAid.org (LawHelp network, free legal aid finder)

Questions about debt lawsuits in Georgia

More for Georgia

• Georgia: every collection right on one page
• “Is my debt too old?” checker for Georgia
• Dispute a debt and ask for proof (validation letter)
• Tell a collector to stop or limit contact
• Guide: sued by a debt collector
• Debt statute of limitations by state