IN THE MAGISTRATE COURT OF [COUNTY] COUNTY

STATE OF GEORGIA

PLAINTIFF: [PLAINTIFF FULL LEGAL NAME]
ADDRESS: [STREET, CITY, STATE, ZIP]

v. Civil Action File No. [__]

DEFENDANT: [DEFENDANT FULL LEGAL NAME]
ADDRESS: [STREET, CITY, STATE, ZIP]

ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM (IF ANY)

Defendant [DEFENDANT NAME] (“Defendant”), appearing [☐ through undersigned counsel / ☐ pro se], responds to the Complaint of Plaintiff [PLAINTIFF NAME] (“Plaintiff”) as follows:

[// GUIDANCE: Under O.C.G.A. § 15-10-43(a), this Answer must be filed within 30 days after service. If the 30-day period has run, a default may still be opened as of right within the next 15 days by paying court costs before judgment is entered.]

I. PRELIMINARY STATEMENT

1. Defendant denies each and every allegation in the Complaint that is not expressly admitted herein.
2. For ease of reference, Defendant adopts the paragraph numbering used in the Complaint.

II. SPECIFIC RESPONSES TO COMPLAINT

[// GUIDANCE: Copy each numbered paragraph of the Complaint verbatim. After each paragraph, insert one of the following: “Admitted,” “Denied,” “Defendant lacks sufficient information to admit or deny and therefore denies,” or a qualified admission.]

III. AFFIRMATIVE DEFENSES

Without assuming any burden not imposed by law, Defendant asserts the following defenses pursuant to O.C.G.A. § 9-11-12(b) and applicable Georgia law. Discovery may reveal additional defenses, all of which are expressly reserved.

1. Failure to State a Claim: The Complaint fails to state a claim upon which relief can be granted.
2. Lack of Personal Jurisdiction / Insufficient Service of Process.
3. Payment and/or Accord and Satisfaction.
4. Statute of Limitations.
5. Set-Off and/or Recoupment.
6. Estoppel, Waiver, and/or Laches.
7. No Damages: Plaintiff has suffered no recoverable damages within the $15,000 jurisdictional limit of this Court.
8. Reservation: Defendant reserves the right to assert additional defenses as they become known.

[// GUIDANCE: Delete, add, or reorder defenses as needed. Any defense omitted may be deemed waived.]

IV. COUNTERCLAIM (Optional)

[DEFENDANT] asserts the following Counterclaim against Plaintiff, arising out of the same transaction or occurrence as alleged in the Complaint and not exceeding $15,000 per O.C.G.A. § 15-10-2:

1. Jurisdiction & Venue
   a. This Court has subject-matter jurisdiction under O.C.G.A. § 15-10-2(1).
   b. Venue is proper because [BASIS—e.g., county of residence or contract performance].

2. Facts Common to All Counts
   [BRIEFLY STATE FACTS SUPPORTING COUNTERCLAIM.]

3. Count I – [Breach of Contract / Unjust Enrichment / Etc.]
   a. Plaintiff promised to […].
   b. Plaintiff breached by […].
   c. Defendant suffered damages of $[AMOUNT], within the jurisdictional limit.

4. Prayer for Counter-Relief
   Defendant demands:
   a. Judgment against Plaintiff in the amount of $[______];
   b. Court costs and such further relief as equity requires.

[// GUIDANCE: If no counterclaim is asserted, remove this Section and renumber accordingly.]

V. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:

A. Dismiss the Complaint with prejudice;
B. Enter judgment in favor of Defendant on all claims;
C. Award costs of this action and any further relief the Court deems just and proper; and
D. If a Counterclaim is asserted, enter judgment for Defendant on the Counterclaim as set forth above.

VI. RESERVATION OF RIGHTS

Defendant reserves all rights to amend this Answer, assert additional defenses, and pursue discovery as permitted by the Georgia Civil Practice Act and the Magistrate Court rules.

VII. VERIFICATION (Required if Defendant is pro se; optional if signed by counsel)

I, [DEFENDANT NAME], being duly sworn, state that I have read the foregoing Answer and know the contents thereof; that the facts stated are true to the best of my knowledge, information, and belief.

[DEFENDANT NAME], Defendant

Sworn to and subscribed before me this ___ day of _____, 20__.

Notary Public
My commission expires: ______

[// GUIDANCE: Notarization strengthens authenticity but is not strictly mandatory in all counties. Confirm local practice.]

VIII. CERTIFICATE OF SERVICE

I hereby certify that I have this day served the foregoing Answer, Affirmative Defenses, and Counterclaim (if any) upon all parties by [☐ hand delivery / ☐ U.S. Mail / ☐ statutory overnight delivery] addressed as follows:

[PLAINTIFF OR PLAINTIFF’S COUNSEL NAME]
[ADDRESS]

This ___ day of __, 20.

[NAME OF DEFENDANT OR COUNSEL]
[BAR NO. (if applicable)]
[ADDRESS]
[PHONE] | [EMAIL]

[// GUIDANCE:
1. Filing – File the original Answer with the Magistrate Court Clerk and serve Plaintiff.
2. Removal to State/Superior Court – Either party may demand a jury trial by filing a written jury demand and paying costs within 30 days of service; the case will then be transferred.
3. Counterclaims > $15,000 – Must be filed in State or Superior Court; Magistrate Court lacks jurisdiction.
4. Electronic Filing – Confirm whether the county requires or permits e-filing.
]