How To Answer a Georgia Court Summons for Debt Collection

Getting a court summons for debt collection feels scary. But you can respond without hiring an attorney. You need to fill out a few legal forms and file them with the court. Then you wait for a hearing date.

How Do Debt Collection Lawsuits in Georgia Work?

A debt collector might sue you if you haven’t paid. They file what’s called a debt collection lawsuit. In Georgia, these cases go to Superior Court.

Georgia has 10 Superior Court Districts. Each serves multiple counties. Your summons will tell you which court is handling your case.

The court sends you official paperwork called the summons and complaint. These documents notify you about the lawsuit. You must respond within 30 days.

If you’ve been sued and need help responding, our partner Solo can help you draft an answer for a small fee. They’ve helped over 300,000 people respond to debt lawsuits successfully.

What Is a Summons and Complaint?

A summons informs you that someone filed a lawsuit against you. It contains critical information you’ll need:

• The plaintiff’s contact information for sending your response
• The Superior Court name where the case was filed
• Your deadline to file an answer (typically 30 days)

The complaint outlines the claims against you. It states what the plaintiff wants from the court. Usually they want a money judgment forcing you to pay the debt.

A money judgment lets debt collectors take serious actions. They can garnish your wages or freeze your bank account.

How Do You Respond to a Georgia Court Summons?

Responding to a Georgia court summons is straightforward. You need three documents filed within 30 days:

• The answer form with your responses to each claim
• A verification form notarized to certify you’re telling the truth
• A certificate of service proving you mailed your answer to the plaintiff

You must also send a copy to the person suing you. Then wait for the court to contact you about hearings.

How To Fill Out the Court Answer Form

Georgia courts provide a helpful answer packet with templates. The packet guides you through completing each required form.

Step 1: Address Each Allegation in the Complaint

Complaints include numbered paragraphs with allegations. You must respond to each one. Check the appropriate box for each paragraph:

• Admitted as true: You agree with the allegation
• Denied as untrue: You disagree or believe it’s false
• Neither admitted or denied: You don’t have enough information
• Partly true and partly untrue: Some information is accurate, some isn’t

Step 2: Raise Your Defenses and Counterclaims

You can include affirmative defenses in your answer. An affirmative defense explains why you shouldn’t pay the debt.

Common defenses in Georgia debt collection lawsuits include:

• The debt isn’t yours (identity error or fraud)
• The debt is too old (past the statute of limitations)
• You already paid the debt in full
• Bankruptcy discharged the debt
• The amount claimed is wrong

You can also file a counterclaim if applicable. A counterclaim is your legal action against the plaintiff. If the debt collector violated consumer protection laws, you might have a counterclaim.

Step 3: Complete the Verification and Certificate of Service

The verification form is simple to fill out. You’ll need to make one small change to the template. Cross out “Complaint” and write “Answer” in the form text.

Sign this form in front of a notary public. The notary certifies you’re telling the truth in your answer. The notary will sign, date, and stamp the form.

The certificate of service proves you mailed your answer to the plaintiff. You must send a copy so they know you’ve responded. Find the plaintiff’s name and address on your summons.

Sign where it says “Defendant/Respondent pro se.” Pro se means you’re representing yourself without an attorney.

Step 4: Make Copies and File With the Court

Make three copies of your completed answer form:

• File the original with the court clerk
• Serve one copy to the plaintiff
• Keep one copy for your records

File these documents within 30 days of receiving the summons. If you were notified by publication instead of direct mail, you get 60 days.

Step 5: Serve Your Answer on the Plaintiff

Service means proper legal delivery of documents. Mail your answer to the address on the summons. Often this is an attorney representing the creditor.

Regular mail works in Georgia for serving your answer. Consider using certified mail for proof of delivery from USPS.

What Happens After You Respond to the Summons?

Watch for court notices in your mail. The court will notify you about scheduled hearings. Attend every hearing or you risk losing automatically.

If you can’t attend a hearing, contact the court clerk immediately. They’ll explain your options for rescheduling. You may need to file additional paperwork.

The court might require mediation before a trial. You’ll receive notification about the time and place. Some sessions happen remotely via phone or video.

How To Prepare for Court Appearances

Prepare by gathering all relevant documents supporting your claims. Arrive early to your hearing. Follow basic courtroom etiquette.

Speak respectfully to the judge at all times. Dress professionally like you would for a job interview. Come organized with your paperwork ready.

If the process becomes overwhelming, seek help from legal aid. See the resources listed at the end of this article.

What Happens if You Don’t Respond to the Lawsuit?

Not filing an answer tells the court you’re not contesting the claims. The debt collector will almost certainly win by default.

Without your response, you won’t be properly notified of hearings. You can’t defend yourself in court. The judge will issue a default judgment against you.

A default judgment gives collectors serious power. They can garnish your paycheck or freeze your bank account. They can pursue you for years.

Here’s an important truth: most collectors expect you not to respond. They count on easy default judgments. Simply answering the lawsuit changes everything.

Sometimes your response alone makes collectors drop the case. Or they might contact you to negotiate a settlement. You’re in a stronger position once you file an answer.

If you want to settle, now is the time. But keep following court instructions until the settlement is final. Don’t miss deadlines or hearings during negotiations.

Don’t give collectors an easy win. Answer your summons with Solo’s help and protect your rights in court.

What If the Court Already Issued a Default Judgment?

You might still have options after a default judgment. Georgia law lets you file a motion to vacate or modify the judgment.

A motion is a formal written request to the court. You’re asking the judge to cancel (vacate) or change (modify) the judgment. You need “good cause” to succeed with this motion.

Filing a motion to vacate is complex. You’ll likely need legal help from an attorney or legal aid organization.

Free and Low-Cost Legal Help in Georgia

Several organizations provide legal assistance to Georgia residents:

• GeorgiaLegalAid.org offers easy-to-understand resources and free or low-cost help for eligible individuals
• Georgia Legal Services Program provides free legal services to low-income individuals statewide
• Atlanta Legal Aid assists qualifying low-income individuals with civil legal matters
• State Bar of Georgia’s Find a Lawyer directory helps you locate attorneys by practice area
• Solo helps you answer a debt lawsuit in about 15 minutes with a money-back guarantee