A Georgia defendant must answer within 30 days after being served (O.C.G.A. § 9-11-12(a)). Miss it and the case goes into default automatically; the default can be opened as of right only within the next 15 days by filing defenses and paying costs (§ 9-11-55). A corporation must be represented by a lawyer in state or superior court. Preserve relevant records, notify your insurer right away, and don't contact the other side about the case.
Most business lawsuits start with a summons and complaint served on an officer, a manager, or the company's registered agent. It's easy for papers to sit in a stack, especially when they're served on an employee or a registered agent service and forwarded by email. That delay is how businesses end up in default on claims they could have defended.
Step 1: Find the service date and calendar the deadline
Under O.C.G.A. § 9-11-12(a), "a defendant shall serve an answer within 30 days after the service of the summons and complaint upon the defendant, unless otherwise provided by statute." If you agreed to waive formal service, the answer is due 60 days after the waiver request was sent. In magistrate court, it's 30 days after service of the statement of claim.
Write down who received the papers, how, and when. The 30 days run from service, not from when the owner first saw them.
Step 2: Understand default
- If no answer is filed in time, "the case shall automatically become in default" (O.C.G.A. § 9-11-55).
- Within 15 days after default, the defendant can open it as a matter of right by filing defenses and paying costs.
- After that, opening a default requires a court finding of providential cause, excusable neglect, or a proper case, plus a sworn showing and a meritorious defense. It's harder and never guaranteed.
- In a default, the facts in the complaint are treated as admitted, and on a fixed-sum claim a judgment can follow quickly.
Step 3: Get a lawyer involved, required in most courts
The Georgia Supreme Court held in Eckles v. Atlanta Technology Group (1997) that "only a licensed attorney is authorized to represent a corporation in a proceeding in a court of record." State and superior courts are courts of record, so an owner can't file the answer for a corporation there. (Magistrate court is the exception; see collecting in magistrate court.) Contact counsel early enough to investigate before the answer is due, because some defenses are lost if they aren't raised at the start.
Step 4: Notify your insurance carrier now
Commercial general liability, professional liability, employment practices, auto, and other policies usually require prompt notice of a claim or suit and copies of the papers. Many policies give the insurer the right, and the duty, to defend covered claims. Late notice can give the insurer an argument to deny coverage. Send the complaint to your agent and carrier in writing the day you get it, even if you think the claim isn't covered. If coverage is denied, see business insurance disputes.
Step 5: Preserve evidence
Georgia law imposes a duty to preserve relevant evidence once litigation is reasonably foreseeable. In Phillips v. Harmon (2015), the Georgia Supreme Court said "the duty to preserve relevant evidence arises when litigation is reasonably foreseeable to the party in control of that evidence," and that notice "can be constructive as well as actual." That can be before a suit is filed, and it's certainly true once you're served. Losing or deleting relevant evidence can lead to court sanctions.
- Suspend automatic deletion of email, texts, and job management records related to the dispute.
- Keep contracts, change orders, invoices, photos, and job files, including on employees' phones.
- Tell key employees in writing not to delete anything about the matter.
Step 6: Don't make it worse
- Don't contact the plaintiff or their lawyer about the case. Let your lawyer communicate.
- Don't post about the dispute online or discuss it with customers.
- Don't move money or assets out of the company in response to the suit.
- Don't ignore it because you think it's frivolous. Frivolous claims still become judgments if no one answers.
Keep your registered agent current
Every Georgia corporation and LLC must keep a registered agent with the Secretary of State. If a corporation's agent can't be served, the law provides fallbacks, including service through the Secretary of State (O.C.G.A. § 9-11-4(e)); an LLC that fails to keep an agent can likewise be served through the Secretary of State (§ 14-11-209). A business that lets its registered office go stale risks being sued without ever seeing the papers. Review your registration every year when you file your annual registration.
What comes next
After the answer, Georgia lawsuits move into discovery, often mediation, and sometimes trial. Georgia's 2025 changes shortened the plaintiff's window to dismiss without permission and added a discovery stay while a motion to dismiss is pending. Contract disputes between businesses may also belong in Georgia's State-wide Business Court, which began hearing cases in 2020. Your lawyer can explain which court and strategy fit. See business litigation.
Frequently Asked Questions
How long does a business have to respond to a lawsuit in Georgia?
Generally 30 days after service of the summons and complaint (O.C.G.A. § 9-11-12(a)), or 60 days after a waiver-of-service request was sent if the company waived formal service.
What happens if my business doesn't answer a lawsuit in Georgia?
The case goes into default automatically. The default can be opened as a matter of right within 15 days by filing defenses and paying costs; after that, it takes a court finding and is much harder.
Can I answer a lawsuit for my corporation myself?
Not in state or superior court. The Georgia Supreme Court held that only a licensed attorney may represent a corporation in a court of record. Magistrate court allows a business to appear through an employee.
Should I tell my insurance company about the lawsuit?
Yes, right away and in writing. Most business policies require prompt notice and copies of suit papers, and late notice can jeopardize coverage.
Sources
This guide is general information about Georgia law as of October 30, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Talk to a lawyer about your situation before you rely on a deadline or rule described here.