ga-first-30-days

name	ga-first-30-days
description	This skill should be used when a Georgia defendant has just been served with a civil complaint, summons, or dispossessory affidavit. Triggers include "I got served in Georgia", "answer a Georgia complaint", "I was sued in Georgia", "30 days to respond", "open a default Georgia", "Georgia default judgment", "motion to dismiss Georgia", "12(b)(6) Georgia", "affirmative defenses Georgia", "counterclaim", "compulsory counterclaim Georgia", "Georgia dispossessory answer". Covers the 30-day answer window under O.C.G.A. § 9-11-12(a), the § 9-11-55 default regime and the 15-day open-as-of-right cure window, the § 9-11-12(b) motion-to-dismiss triage, § 9-11-8(c) affirmative defenses, § 9-11-13(a) compulsory counterclaims, and § 9-11-15(a) amendment as of right.
version	0.1.0

Georgia — First 30 Days After Service

NOT LEGAL ADVICE. Time is short. This skill helps a defendant sketch a response and surface the most important deadlines, but consult a licensed Georgia attorney about substantive defenses when possible. Verify current rules and venue practice before filing.

Use this skill when the defendant has just been served with a civil complaint, petition, or dispossessory affidavit. It frames the window in which a Georgia defendant must answer, move to dismiss, or risk default under the Georgia Civil Practice Act (O.C.G.A. Title 9, Chapter 11).

The two clocks a pro se defendant must not miss

1. The 30-day answer clock. Under O.C.G.A. § 9-11-12(a), the answer is due within 30 days after service of the summons and complaint.
2. The 15-day open-default cure clock. If no timely answer is filed, the case goes into default; O.C.G.A. § 9-11-55(a) lets a defendant open the default as of right within 15 days of the default date on payment of costs. Miss both and the only path is the much harder § 9-11-55(b) motion.

Compute exact dates with ga-deadlines / case-calendar.py — time runs under O.C.G.A. § 1-3-1(d)(3) (as incorporated by § 9-11-6(a)): first day excluded, last day counted, roll forward off a weekend or § 1-4-1 legal holiday.

The clock by document

Document served	Response	Authority
Summons & civil complaint	30 days to answer	O.C.G.A. § 9-11-12(a)
Motion to dismiss denied	answer per court's order	O.C.G.A. § 9-11-12(a)
Amended complaint	respond within remaining time, or as ordered	O.C.G.A. § 9-11-15(a)
Dispossessory (eviction) affidavit	7 days to answer	O.C.G.A. § 44-7-51(b)
Magistrate Court statement of claim	informal answer (often oral on the return date)	O.C.G.A. §§ 15-10-40 to 15-10-53

⚠ Dispossessory is the short fuse. An eviction answer is due in 7 days under O.C.G.A. § 44-7-51(b), not 30. If the seventh day falls on a weekend or holiday it rolls to the next business day. See ga-magistrate.

Triage by court

• State Court is the usual debt-collection forum (civil actions of any amount, no dollar ceiling; see ga-state-court). The full 30-day CPA answer regime applies.
• Superior Court handles general civil plus the subjects reserved to it (equity, title to land, divorce). Same 30-day answer.
• Magistrate Court ($15,000 civil cap) runs an informal procedure under O.C.G.A. §§ 15-10-40 to 15-10-53 — the CPA and evidence rules are relaxed and the answer is often made orally on the return date. A losing party may appeal de novo to State or Superior Court under O.C.G.A. § 15-10-41(b). See ga-magistrate.
• Dispossessory (Magistrate Court eviction) — the 7-day answer of O.C.G.A. § 44-7-51(b) controls.

Day-by-day playbook

Days 0-3 — read the complaint and check service

• Read every numbered paragraph. Note who is suing, on what claims, for what relief, and identify each alleged contract, account, or event.
• Note the court, county, and civil-action file number — they go on every paper (O.C.G.A. § 9-11-10(a)).
• Check how service happened. Personal service, service on an agent, or one of the § 9-11-4(f) methods (including publication)? Defective service is a live defense under O.C.G.A. § 9-11-12(b)(4)-(5) (see below).

Days 3-10 — choose the response path

A defendant has three principal paths:

1. Answer — admit, deny, or plead lack of knowledge as to each numbered paragraph; assert affirmative defenses; assert any counterclaims.
2. Motion to dismiss under O.C.G.A. § 9-11-12(b) — tests the pleading without answering on the merits.
3. Both — certain § 9-11-12(b) defenses may be raised in the answer rather than by separate motion.

O.C.G.A. § 9-11-12(b) defenses — when to move to dismiss

Section 9-11-12(b) lists defenses that may be raised by motion:

• § 9-11-12(b)(1) lack of subject-matter jurisdiction
• § 9-11-12(b)(2) lack of personal jurisdiction
• § 9-11-12(b)(3) improper venue
• § 9-11-12(b)(4) insufficiency of process
• § 9-11-12(b)(5) insufficiency of service of process
• § 9-11-12(b)(6) failure to state a claim upon which relief can be granted (the most common pre-answer motion)
• § 9-11-12(b)(7) failure to join an indispensable party

⚠ Defense waiver. The disfavored-defense defenses — lack of personal jurisdiction, improper venue, insufficiency of process, and insufficiency of service of process — are waived if not raised in the answer or by a § 9-11-12 motion (O.C.G.A. § 9-11-12(h)). Failure to state a claim and lack of subject-matter jurisdiction survive longer.

Days 10-30 — draft the answer (or motion)

Answer structure

                      ANSWER, AFFIRMATIVE DEFENSES,
                          AND COUNTERCLAIM

Defendant [Name], pro se, answers Plaintiff's Complaint as follows:

                              ANSWER

1. Defendant denies the allegations of Paragraph 1.

2. Defendant is without knowledge or information sufficient to form a
   belief as to the truth of the allegations of Paragraph 2 and
   therefore denies them.

3. Defendant admits the allegations of Paragraph 3.

[...]

                       AFFIRMATIVE DEFENSES

FIRST DEFENSE. The Complaint fails to state a claim upon which relief
can be granted. O.C.G.A. § 9-11-12(b)(6).

SECOND DEFENSE. Plaintiff's claims are barred in whole or in part by
the applicable statute of limitation.

[...]

                            COUNTERCLAIM

[If asserting a counterclaim, plead it as a separate complaint-style
block with numbered factual allegations and named claims.]

                              PRAYER

WHEREFORE, Defendant prays that the Complaint be dismissed, that
Defendant recover costs, and that the Court grant such further relief
as is just.

Affirmative defenses — O.C.G.A. § 9-11-8(c)

Plead every affirmative defense that may apply; an unpleaded affirmative defense is generally waived. Section 9-11-8(c) names, among others:

• Accord and satisfaction
• Arbitration and award
• Discharge in bankruptcy
• Duress
• Estoppel
• Failure of consideration
• Fraud
• Illegality
• Laches
• License
• Payment
• Release
• Res judicata
• Statute of frauds
• Statute of limitation (see chart below)
• Waiver

For the debt-buyer affirmative-defense list (standing / chain of title, account-stated and meeting-of-the-minds defects, business-records foundation under O.C.G.A. § 24-8-803(6)), see ga-consumer-debt.

Statute of limitation — Georgia quick chart

Claim	SOL	Authority
Written / simple contract	6 years	O.C.G.A. § 9-3-24
Open account, oral or implied contract	4 years	O.C.G.A. § 9-3-25
Catch-all contract	4 years	O.C.G.A. § 9-3-26
Personal injury to the person	2 years	O.C.G.A. § 9-3-33
Defamation / injury to reputation	1 year	O.C.G.A. § 9-3-33
Trespass / damage to realty	4 years	O.C.G.A. § 9-3-30
Injury to / conversion of personalty	4 years	O.C.G.A. §§ 9-3-31, 9-3-32

Credit-card debt is generally treated as a written contract (6 years, O.C.G.A. § 9-3-24) where the card was used under a written cardmember agreement. If a debt buyer cannot produce the written agreement and pleads open account or account stated, the 4-year period of O.C.G.A. § 9-3-25 may apply — a foundation gap worth pressing. A new promise to pay must be in writing (O.C.G.A. § 9-3-110); part payment supported by written evidence can revive the period (O.C.G.A. § 9-3-112). Fraud tolls accrual until discovery (O.C.G.A. § 9-3-96). See ga-consumer-debt.

Counterclaims — O.C.G.A. § 9-11-13

• Compulsory counterclaim (§ 9-11-13(a)). Any claim the defendant has against the plaintiff arising out of the same transaction or occurrence must be raised at the time of the answer or it is waived. Do not assume a related claim "isn't part of this case."
• Permissive counterclaim (§ 9-11-13(b)). An unrelated claim may be raised but is not required.
• A pro se defendant should plead all known counterclaims with the answer.

Amendment as of right — O.C.G.A. § 9-11-15(a)

A party may amend a pleading as a matter of course at any time before entry of a pretrial order under O.C.G.A. § 9-11-15(a). After the pretrial order, amendment requires leave of court or the opposing party's written consent. This generous window means a hurried initial answer can usually be corrected — but the answer must still be filed on time to avoid default.

The default regime — O.C.G.A. § 9-11-55

This is the heart of the "first 30 days" stakes:

• Default on the merits. If the defendant files no answer within the 30 days, the case is in default and the plaintiff may take judgment as if every well-pleaded allegation were admitted (O.C.G.A. § 9-11-55(a)).
• Open as of right — the 15-day cure (§ 9-11-55(a)). The default may be opened as a matter of right by filing an answer and paying costs within 15 days of the day of default. This is the single most important escape valve for a defendant who missed the answer date.
• After the 15 days — § 9-11-55(b). Once the cure window closes, the default may be opened only on motion showing one of three grounds — providential cause, excusable neglect, or a proper case — and only if the movant also satisfies four conditions: a meritorious defense, a showing under oath, the offer to plead instanter, and payment of costs. See Bowen v. Savoy, 308 Ga. 204 (2020), on the standard for opening a default.

⚠ Calendar both clocks the moment you are served. Day 30 for the answer; day 30 + 15 for the open-as-of-right deadline if the answer slips. Use ga-deadlines.

Filing the answer or motion

• File in the court named in the caption (State, Superior, or Magistrate) by the deadline, with the civil-action file number.
• E-file where required — most Georgia State and Superior civil filings are mandatory e-file (PeachCourt or Odyssey eFileGA, depending on county). See ga-statewide-format and the venue skill (ga-fulton, ga-cobb, ga-gwinnett, ga-county-courts).
• Pay the answer filing fee or apply for a pauper's affidavit / fee waiver.
• Serve every subsequent paper on all parties under O.C.G.A. § 9-11-5 and include a certificate of service.

Composition

• For format baseline: ga-statewide-format
• For deadline arithmetic: ga-deadlines
• For drafting the answer / motion to dismiss: ga-draft-motion
• For the usual debt forum and informal answer practice: ga-state-court, ga-magistrate
• For matter-specific defenses (debt-buyer): ga-consumer-debt
• For verifying citations before filing: ga-fact-check
• After judgment (opening default, garnishment, exemptions): ga-post-judgment

References

• references/answer-template.md — full answer / affirmative-defense / counterclaim scaffold under the Georgia CPA
• references/default-and-open-default.md — the § 9-11-55 timeline, the 15-day open-as-of-right cure, and the § 9-11-55(b) four conditions (with Bowen v. Savoy, 308 Ga. 204 (2020))
• references/motion-to-dismiss-12b.md — § 9-11-12(b) defense triage and waiver map