Answering a Lawsuit in Georgia Without Waiving Procedural Defenses
Certain defenses are waived in Georgia if you do not place them in an answer and/or motion. For example, a defense of lack of jurisdiction over the person, improper venue, insufficiency of process, and/or insufficiency of service of process is waived if omitted from a motion or answer.
Properly Raising a Procedural DefenseWhen filing an answer or motion in response to an complaint, you must assert a defense of lack of jurisdiction over the person, improper venue, insufficiency of process, and/or insufficiency of service of process in any initial filing. For example, "[a] defendant who has not been served with process waives any defect in service when he fails to raise the defenses of lack of personal jurisdiction or lack of sufficiency of process by either motion or an answer as required by OCGA * 9*11*12 (h) (1) (B).*
Preservation of a Procedural DefensesAfter a party has properly raised such a defense, it will only be found waived if the party later engages in conduct so manifestly indicative of an intention to relinquish a known right or benefit that no other reasonable explanation of its conduct is possible. See Joyner v. Schiess, 236 Ga. App. 316, 317, 512 S.E.2d 62, 63 (1999).