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§ 9-10-112.Verification of answer in action on open account

Chapter 10. Civil Practice and Procedure Generally · Article 5. Verification · Last amended 1933 · Last verified July 17, 2026

In one sentenceIn a verified open-account lawsuit, the defendant’s answer must take a clear position — deny owing anything or admit the specific amount owed — and must itself be verified, closing off vague or evasive responses to a debt claim.

Full Text of § 9-10-112

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Whenever an action is brought on an open account and the same is verified by the plaintiff as provided by law, the answer either shall deny that the defendant is indebted in any sum or shall specify the amount in which the defendant admits he may be indebted and it shall be verified as required by law.

Plain-English Summary

Open-account collection suits move fast, and this section keeps defendants from slowing them down with a vague, unverified denial. When a plaintiff sues on an open account and verifies the claim as the law requires, the defendant cannot just file a bare denial and wait to see what happens. The answer has to pick a side: deny owing anything at all, or state the specific amount the defendant admits may be owed.

The defendant’s answer then has to be verified in the same way the plaintiff’s claim was. That double requirement — a clear position plus a sworn commitment to it — narrows the dispute early. Either the whole debt is contested, or only the gap between what the plaintiff claims and what the defendant admits remains at issue, and the defendant cannot hide behind an ambiguous denial to draw out the case.

Frequently Asked Questions

What triggers the verification requirement in an open-account case under this section?

The plaintiff bringing the action on an open account and verifying it as provided by law.

What must the defendant’s answer say?

It must either deny that the defendant is indebted in any sum or specify the amount the defendant admits may be owed.

Can the defendant file a general denial without addressing the specific amount?

No, the section requires the answer to take one of the two positions described — a full denial of indebtedness or an admission of a specific amount owed.

Does the defendant’s answer itself need to be verified?

Yes, the section requires the answer to be verified as required by law, matching the plaintiff’s verification of the account.

What is an “open account” in this context?

The section applies to an action brought on an open account, the kind of running or continuing debt claim traditionally used to collect amounts owed across a series of transactions rather than a single fixed obligation.

Amendment History

Ga. L. 1901, p. 55, § 1; Civil Code 1910, § 4728; Code 1933, § 81-410.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, published by the Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026. · Official source
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