ga-first-30-days · diff
v0.1.0 to v0.1.0
279 added, 31 removed. Audit A to A.
---
name: ga-first-30-days
description: >
- Use when a Georgia defendant has just been served with a civil complaint. Covers the matter-neutral response window: answer deadline, motion-to-dismiss triage, affirmative defenses, and counterclaim mechanics.
+ 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
- > **TODO**: Author substantive content. This is a scaffolded
- > stub. Research the Georgia analog from authoritative sources
- > before writing — do not search-and-replace from another
- > state plugin.
+ > **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.
- > **NOT LEGAL ADVICE.** This skill is a procedural and
- > drafting aid, not legal advice. Verify current rules,
- > deadlines, and venue-specific practices before filing.
- > Pair with substantive review by counsel where stakes
- > warrant.
+ 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).
- ## State context
+ ## The two clocks a pro se defendant must not miss
- - **State**: Georgia
- - **Format rule**: O.C.G.A. § 9-11-10 + Uniform Superior Court Rules
- - **Civil rules**: Georgia Civil Practice Act (O.C.G.A. Title 9, Ch. 11)
- - **Evidence rules**: Georgia Evidence Code (O.C.G.A. Title 24)
- - **Style manual**: Georgia appellate citation (Bluebook-based)
+ 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.
- ## What to author
+ 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.
- 1. Description: replace the placeholder with realistic trigger
- phrases for how a Georgia pro se filer would ask about this
- 2. Body: substantive content matching the role
- 3. Composition notes: which other ga- skills this layers
- with
- 4. References: the supporting `references/*.md` files
+ ## The clock by document
- ## References to author
+ | 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 |
- - Research the Georgia analog from authoritative sources
- before authoring; do NOT search-and-replace from another
- state plugin
+ > ⚠ **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`.
- ## Cross-references
+ ## Triage by court
- - `ga-statewide-format` for format baseline
- - `ga-fulton` / `ga-cobb` / `ga-county-courts` for venue
- - `ga-pro-se` for pro se conventions
+ - **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