Georgia Small Claims Response Deadline: How to Count the 30 Days
Georgia Magistrate Court gives defendants exactly 30 calendar days from the date of service to file a written Answer. Miscount by even one day, and the case tips into default — setting up the plaintiff for a judgment without a hearing. The counting rules under O.C.G.A. § 1-3-1(d)(3) are specific, and they differ from what you might assume.
How the 30-Day Clock Works
The date you were served is Day 0 — it doesn't count. Day 1 is the next calendar day. From there, count every consecutive day including Saturdays, Sundays, and holidays.
If you were served on a Tuesday, October 6, Day 1 is Wednesday, October 7. The 30th day falls on Thursday, November 5. Your Answer must be filed by close of business that day.
Weekend and holiday exception: if the 30th day falls on a Saturday, Sunday, or official court holiday, the deadline extends to 5:00 PM (or the court's posted closing time) on the next business day.
What "Filed" Actually Means
Your Answer is filed when the clerk receives it — not when you drop it in the mail. A postmark on October 5 doesn't help if the envelope arrives on October 8 and the deadline was October 6.
For in-person filing, the clerk stamps your document with the date and time. Get a copy of the stamped original as proof.
For e-filing (mandatory in Fulton and Clayton counties, optional elsewhere), the portal's submission timestamp controls. eFileGA and Odyssey record the exact time. If you're filing close to the deadline, don't wait until 4:55 PM — system delays happen.
The Service Date Is on the Sheriff's Entry
The date that matters isn't when the papers reached your hands. It's the date recorded on the Sheriff's Entry of Service — the process server's sworn return. If a deputy left the papers with someone at your address (abode service), the service date is the day of that delivery, even if you didn't personally see the papers until later.
If you believe service was defective — wrong address, wrong person, or the process server never actually made contact — don't just ignore the deadline and hope for the best. File your Answer on time while preserving your right to challenge the service later.
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What Happens If You Miss the 30 Days
The case enters statutory default on Day 31 under O.C.G.A. § 15-10-43(e). But Georgia gives you one safety net: a 15-day window (Days 31 through 45) to "open" the default by filing your Answer and paying all accrued court costs — typically $50 to $111 depending on the county.
This is a conditional remedy, not an extra 15 days. You must pay the costs at the same time you file. An Answer filed on Day 35 without the payment doesn't reopen the default.
After Day 45, your only option is a formal written motion under oath showing excusable neglect or providential cause. A judge decides whether to grant it.
Quick Deadline Examples
Served Monday, September 1: Day 0 = Sept 1. Day 30 = Wednesday, October 1. File by October 1.
Served Friday, November 28: Day 0 = Nov 28. Day 30 = Sunday, December 28. Next business day = Monday, December 29. File by December 29.
Served Thursday, December 31: Day 0 = Dec 31. Day 30 = Friday, January 30. File by January 30 (a regular business day).
The Georgia response guide includes a deadline calculator worksheet and walks through every step from reading the summons to preparing for the hearing.
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