How to Answer a Summons for Debt Collection in Georgia (2025)
Don't ignore a debt collection lawsuit in Georgia. You have only 30 days to file an Answer or the court enters a default judgment against you. Respond to every allegation, assert your affirmative defenses like the statute of limitations, and file your Answer with the court to protect yourself from wage garnishment and asset seizure.
Answer Your LawsuitGetting sued for debt is scary. But ignoring the lawsuit makes everything worse.
If you fail to respond to a debt collection Summons in Georgia, the court enters a default judgment against you. Once that happens, collectors can seize assets and garnish your wages.
Don't Let Georgia Collectors Win by Default
You have only 30 days to respond to your Georgia debt lawsuit. Miss the deadline and collectors can garnish your wages and seize your assets. Generate a proper Answer in 15 minutes.
Respond to Summons NowYou can fight back. You just need to file a written Answer within the deadline.
Here’s everything you need to know about responding to a debt collection lawsuit in Georgia.
You Have 30 Days to Respond in Georgia
Georgia law gives you 30 days to file an Answer after being served.
In some cases with delayed service, you might get an extra 15 days. But don’t count on it.
Miss the 45-day mark and the collector wins by default. The court assumes everything they claim is true.
Default judgments empower collectors to come after your paycheck and bank accounts. Don’t let it get that far.
Our partner Solo helps you respond to your summons quickly and correctly.
Georgia Answer Forms and Documents
Your Answer must respond to every allegation in the Complaint. Skip even one claim and the court might rule against you on that issue.
Georgia’s judicial branch doesn’t provide a statewide Answer form. Some counties offer sample forms, but you have to fill them out yourself.
You need to format your Answer correctly and address every single claim. Mistakes can cost you the case.
Our partner Solo generates a customized Answer document for your specific lawsuit in minutes.
Filing Fees Range from $14 to $30
Some Georgia courts charge filing fees between $14 and $30. Courts that require electronic filing typically charge these fees.
Can’t afford the fee? Request a fee waiver from the court clerk.
You’ll need to prove you receive public benefits or that your income can’t cover both family expenses and court fees.
Three Steps to Respond to Your Lawsuit
Your case starts when you receive the Summons and Complaint. Someone will deliver these documents to you or another adult at your address.
You must take three specific steps to defend yourself:
Step 1: Answer Each Allegation
The Complaint lists numbered claims against you. You must respond to every single one.
You have three options for each claim:
- Admit: You agree the claim is true
- Deny: You make them prove it
- Deny due to lack of knowledge: You don’t have enough information
Never skip a claim. Silence equals agreement in court.
Step 2: Assert Your Affirmative Defenses
Affirmative defenses can get your case dismissed or reduce what you owe.
Common defenses include:
- The statute of limitations expired
- You already paid the debt
- You’re not the person who owes the debt
- The collector violated debt collection laws
- You filed for bankruptcy
- The interest rate is wrong
In Georgia, debt collectors cannot:
- Threaten you or your family
- Tell others about your debt
- Contact you before 8 AM or after 9 PM Georgia time
- Call you at work if your employer prohibits personal calls
- Contact you directly if you have an attorney
Prove they broke these rules and you might win outright.
Step 3: File and Serve Your Answer
Make three copies of your completed Answer.
Mail one copy to the address on the Summons. Send another to the collector’s attorney. Keep the third for your records.
Use priority mail to ensure delivery before your deadline. Or hand-deliver copies to the court clerk and collector’s office.
Our partner Solo can file your Answer for you electronically in Georgia.
The Statute of Limitations Is Your Best Defense
Creditors only have a limited time to sue you. After that window closes, they lose their legal right.
In Georgia, the statute of limitations is:
- 4 years for credit card debt and oral contracts
- 6 years for written contracts (medical debt, auto loans, personal loans, mortgages)
- 7 years for judgments
The clock starts from your last payment date, not when you first borrowed.
If a collector sues you on old debt, you can get the case dismissed completely. The statute of limitations defense is absolute.
Warning: Making even a small “good faith” payment restarts the clock. Don’t pay anything without consulting someone first.
Georgia and Federal Laws Protect You
Debt collectors must follow strict rules. Break them and you can sue.
Georgia’s Fair Business Practices Act
Georgia’s FBPA bans deceptive tactics like:
- Getting your information from credit agencies under false pretenses
- Failing to identify themselves as debt collectors
- Impersonating law enforcement or attorneys
Report violations to the Georgia Department of Law’s Consumer Protection Division.
Federal Fair Debt Collection Practices Act
The FDCPA protects you from harassment by third-party collectors. Original creditors like banks and credit card companies aren’t covered.
Report violations to the FTC at 877-382-4357 or the CFPB at 855-411-2372.
Force Collectors to Validate Your Debt
Never admit to owing anything until collectors prove the debt is yours.
A Debt Validation Letter forces collectors to provide:
- The original debt amount and date
- The original creditor’s name
- Complete payment history
Collectors must stop contacting you until they provide this proof. You then have 30 days to dispute the debt.
Find Debt Relief Options in Georgia
Several strategies can help you manage or eliminate debt.
Negotiate a Settlement
Creditors often accept less than you owe to get paid faster. You can escape debt sooner and for less money.
Debt relief companies promise freedom from debt in five years. You make monthly payments into an account. When it reaches a certain amount, they negotiate on your behalf.
The downside? Your credit suffers during the waiting period. Companies also charge fees.
You can negotiate settlements yourself using our partner Solo’s settlement tool. Handle everything online without talking to collectors directly.
Consolidate Multiple Debts
Debt consolidation replaces multiple debts with one low-interest loan. Some credit cards offer 0% balance transfers for a year.
But the best terms go to people with good credit. Miss a payment and penalties or rate hikes kick in.
Apply for Financial Assistance
Georgia residents can access several assistance programs:
- TANF: Cash assistance for families with children under 18
- PeachCare for Kids: Healthcare assistance for children under 19
- CAPS: Childcare assistance for low-income families
- Georgia Housing Finance Agency Innovation Fund: Help for income reduction
These programs provide financial breathing room while you address your debts.
Consider Bankruptcy as a Last Resort
Bankruptcy gives you a fresh start but comes with serious consequences.
In Chapter 7, your assets can be seized and sold. Bankruptcy stays on your credit report for up to 10 years.
Only file bankruptcy after exhausting all other options.
Get Free Legal Help in Georgia
Can’t afford an attorney? Georgia offers free and low-cost legal assistance.
Check Georgia Legal Aid for nonprofit organizations that help qualifying residents.
Military members can access the military legal assistance program for pro bono services from state bar members.
Check Your Court Case Status Online
You can monitor your case and access court documents online in most Georgia counties.
Find Your Case Number
Register for a free account at PeachCourt. Search by your name or the collection agency’s name.
Or visit your courthouse in person. Give the clerk your full name, case type, creditor’s name, attorney’s name, and filing date.
Search Online Records
Most Georgia counties use PeachCourt for online records. Create a free account and search by case number or party name.
Fulton County has its own records portal.
These counties don’t have online records:
- Chatham, Cherokee, Clayton, Decatur, DeKalb
- Douglas, Floyd, Glynn, Gwinnett, Lowndes, Rockdale
For these counties, email info@peachcourt.com or call 844-GA-EFILE.
Supreme Court and Court of Appeals cases have separate portals at Georgia Supreme Court and Georgia Court of Appeals.
Georgia Wage Garnishment Laws Protect You
Creditors can’t garnish your wages without a court judgment. Even with a judgment, Georgia limits what they can take.
Only Disposable Earnings Can Be Garnished
Disposable earnings mean your paycheck minus required withholdings like taxes. Voluntary withholdings (insurance, retirement) don’t count as protected.
Garnishment may be calculated on more than your actual take-home pay.
Georgia Limits Garnishment Amounts
Georgia law caps garnishment at the lesser of:
- 25% of your weekly disposable earnings, OR
- The amount your weekly disposable earnings exceed $217.50
Different limits apply to specific debts:
- Child support: up to 50%
- Federal student loans: up to 15%
- Taxes: no limit (IRS or state decides)
Some Income Is Protected
Collectors cannot garnish:
- Social Security benefits
- Supplemental Security Income (SSI)
- Unemployment benefits
- Veterans’ benefits
- Workers’ compensation
You can file exemptions to protect other assets on a case-by-case basis.
Employers Can’t Fire You for One Garnishment
Georgia law prohibits firing employees for a single garnishment. Multiple garnishments remove this protection.
Stop Garnishment by Avoiding Default Judgment
The best way to stop wage garnishment is preventing it in the first place.
File your Answer within 30 days. Don’t let the collector win by default.
Respond to your Georgia lawsuit now with our partner Solo.
File Your Answer in Your Local Georgia Court
Georgia has courts in every county. Find your local court below:
- Magistrate Court of Athens Clarke County
- Magistrate Court of Bacon County
- Magistrate Court of Baldwin County
- Magistrate Court of Bibb County
- Magistrate Court of Chatham County
- Magistrate Court of Cherokee County
- Magistrate Court of Clayton County
- Magistrate Court of Cobb County
- Magistrate Court of DeKalb County
- Magistrate Court of Douglas County
- Magistrate Court of Fulton County
- Magistrate Court of Gwinnett County
- Magistrate Court of Hall County
- Magistrate Court of Henry County
Use the Georgia Courts Directory to find all county courts.