O.C.G.A. § 15-10-43: Georgia Small Claims Defendant Statute Explained

For an ordinary civil money claim in Georgia Magistrate Court, one statute controls the core response procedure: O.C.G.A. § 15-10-43. It sets your answer deadline, creates the default judgment mechanism, and governs counterclaims. A second statute, O.C.G.A. § 9-11-55, gives you a narrow window to reopen a default if you miss that deadline. Eviction or dispossessory cases use a separate 7-calendar-day answer deadline under O.C.G.A. § 44-7-51(b). Here is what these statutes mean for your case.

What O.C.G.A. § 15-10-43 Covers

Section 15-10-43 of the Official Code of Georgia Annotated is the master procedural statute for civil actions in Magistrate Court. It applies to all ordinary civil claims up to $15,000 — contractor disputes, security deposit fights, car sale disagreements, unpaid invoices, and similar money claims.

The statute addresses five things a defendant needs to understand:

The 30-day answer deadline. Under subsection (c), you have exactly 30 calendar days from the date service was perfected to file a written answer with the clerk. The service date is the date on the Sheriff's Entry of Service form — not the day you picked up the papers from a relative or read them for the first time. Time runs under O.C.G.A. § 1-3-1(d)(3): the service date is Day 0, all calendar days count (weekends and holidays included), and if Day 30 lands on a Saturday, Sunday, or official holiday, the deadline rolls to the next business day at 5:00 PM.

The answer format. Subsection (c) also allows you to state an oral answer to the clerk, who must reduce it to writing. You are not required to respond paragraph-by-paragraph to the plaintiff's claims. A simple written statement denying liability is enough to prevent default and get the case to a hearing.

The automatic default on Day 31. Under subsection (e), if no answer is filed by Day 30, the case enters statutory default the next day. You can still open default during Days 31–45 by filing your answer and paying accrued court costs. If you do not open default within that window, the plaintiff may request a default judgment — up to $15,000 plus court costs — without a hearing on liquidated claims.

Counterclaims. Subsection (c) permits you to file a counterclaim against the plaintiff in your answer, as long as the amount stays within the $15,000 jurisdictional cap. This is filed on the combined Answer and Counterclaim form available from most county clerks.

Post-judgment motions. Subsection (g) allows a motion to vacate a default judgment after it has been entered, though the standard is higher than the automatic cure discussed below.

The 15-Day Default Cure Under O.C.G.A. § 15-10-43(e) and § 9-11-55

If you miss the 30-day deadline, Georgia law does not immediately slam the door. Between Day 31 and Day 45 after service, you have an automatic right to reopen the default by filing your answer and paying all accrued court costs to the clerk. Emanuel County lists a $104 cost, and reported county costs range from $50 to $111.

This 15-day cure window comes from the interaction between O.C.G.A. § 15-10-43(e) and the broader default provisions in O.C.G.A. § 9-11-55. The important distinction: this is not a 45-day answer deadline. It is a conditional remedy that requires you to pay costs. If you file your answer between Days 31 and 45 but do not pay the court costs, the default is not reopened.

After Day 45, the automatic cure expires. Reopening then requires a formal sworn motion to the judge under subsection (f), showing providential cause, excusable neglect, or a proper case. You must also pay accrued costs, offer to plead instanter, and announce readiness to proceed to trial on a meritorious defense. Courts grant these motions sparingly.

How O.C.G.A. § 15-10-42 Limits Procedural Rules

Another statute worth knowing: O.C.G.A. § 15-10-42 exempts Magistrate Court from most of the Georgia Civil Practice Act (Title 9, Chapter 11). This means the formal discovery rules, detailed pleading requirements, and rigid service provisions that apply in Superior Court generally do not apply in your case. Your answer does not need the technical specificity that a Superior Court filing would require.

However, this exemption is a double-edged sword. It also means that certain protections built into the Civil Practice Act — like formal extensions of time that might be more readily available in Superior Court — are not automatically available in Magistrate Court. Extensions require a written stipulation from both parties or a direct order from the judge.

What These Statutes Mean in Practice

For a defendant who has just been served, three practical points stand out:

The 30-day clock is absolute. Settlement talks, phone calls to the clerk, and mediation attendance do not pause it. File your answer first, then negotiate.

The 15-day cure is real but costly. If you are reading this between Days 31 and 45 after service, you still have a path — but you need to file the answer and pay the court costs at the same visit. Bring both.

Magistrate Court pleading is simplified. You do not need a lawyer to draft a legally sufficient answer. A clear written statement identifying the case and denying the plaintiff's claims is enough to join issue; a counterclaim is optional and should be included only if you have one.

The Georgia Small Claims Response Guide walks through each of these deadlines with a service-date calculator and step-by-step worksheets, so you can track exactly where you stand in the O.C.G.A. § 15-10-43 timeline.

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