Georgia Magistrate Court Debt Lawsuit Defense

Statutory limitations periods, civil procedure defense rules, and debt buyer evidentiary requirements in Georgia.

Governing Statutory Framework

Procedural & Substantive Defenses in Georgia

Consumer debt claims in Georgia under $15,000 are filed in Magistrate Court. An Answer must be filed within 30 days of service; if filed within day 31 to 45, it may be reopened upon payment of accrued costs. Debt buyers frequently mischaracterize credit card debt as a 6-year written contract rather than a 4-year open account under OCGA § 9-3-25.

Mandatory Defense Steps for Georgia Consumers

• Check the Summons Deadline: Immediately verify your response deadline. In Georgia, missing your answer cutoff results in an immediate default judgment.
• Demand Chain of Title: File an Answer denying unauthenticated assignment claims. Force the debt buyer to produce the complete, unredacted Bill of Sale and cardholder agreement.
• Assert Statute of Limitations: If no payment has been made within the statutory period, raise the statute of limitations as your first affirmative defense.
• Challenge Unauthorized Fees: Review the complaint for unlawful interest charges, late fees, or attorney fees not authorized by original card agreements.

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