Sued by a Contractor in Georgia Small Claims Court: Defendant's Guide

A contractor who did work on your home just filed a claim against you in Georgia Magistrate Court — typically for unpaid invoices on a renovation, roofing job, plumbing repair, or general contracting work. The claim can be anywhere from $3,000 to the $15,000 jurisdictional cap. You have 30 calendar days from the date of service to file a written Answer, and you should seriously consider a counterclaim if the work was defective.

Read the Statement of Claim First

The contractor's filing describes what they say happened and how much they want. It doesn't need to be detailed — Magistrate Court only requires "reasonable notice" of the claim. But look for:

• The specific dollar amount being claimed
• Which contract or invoices are referenced
• Whether any attachments are included (the original contract, invoices, change orders)
• Whether the amount accounts for payments you already made

Write down your service date from the Sheriff's Entry of Service. That starts your 30-day clock.

Your Options as the Homeowner

Deny the claim. If you believe you don't owe the money — maybe the work was incomplete, substandard, or the contractor walked off the job — file an Answer denying the allegations. You'll present your side at the hearing.

Counterclaim. This is common in contractor disputes. If you paid a deposit and the contractor did poor work or abandoned the project, you can file an "Answer and Counterclaim" for up to $15,000 to recover what you lost. The $15,000 cap applies to your counterclaim separately from the contractor's original claim.

Admit and settle. If you genuinely owe some or all of the money, you can negotiate a Consent Agreement (MAG 11-02) setting up a payment plan. The judge signs it as a court order. If you complete payments, the plaintiff files a dismissal. If you default on the plan, the contractor gets an immediate judgment for the remaining balance.

Building Your Evidence

Contractor disputes live or die on documentation. Gather everything before the hearing:

Contracts and invoices — the original written agreement, any change orders, and all invoices. Bring three physical copies. If the contract specified a scope of work that the contractor didn't complete, the gap between "promised" and "delivered" is your defense.

Photos of the work — before, during, and after. Timestamped photos are strongest. Print them in color and label each one (date, location in the home, what it shows).

Repair estimates — if you hired someone else to fix the contractor's mistakes, those invoices are evidence of your damages. Get written estimates from licensed contractors who can testify to the defects.

Communication records — texts, emails, and voicemails showing what was agreed, when problems were raised, and how the contractor responded. Print text conversations with visible dates and phone numbers.

Payment records — bank statements, canceled checks, or Venmo/Zelle records showing every payment you already made.

Written statements from absent non-party witnesses can be excluded as hearsay if the other party objects. Arrange for witnesses you need to appear in person at the hearing.

Common Defenses in Contractor Disputes

Common issues to document and discuss with a Georgia attorney include:

• Defective workmanship — the contractor's work didn't meet the contract specifications or industry standards
• Incomplete work — the contractor abandoned the project before finishing
• Permit issues — if the work required permits, document which permits were required and obtained
• Set-off — you acknowledge some amount is owed, but less than what the contractor claims because of the defects

The statute of limitations for breach of a written contract in Georgia is six years (O.C.G.A. § 9-3-24). If the dispute involves an oral agreement, it's four years (O.C.G.A. § 9-3-25).

The Georgia small claims response guide includes an answer preparation worksheet and evidence organization matrix built for contractor disputes and other common Magistrate Court cases.

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