Get Certificate In Support Of Default Judgment - Effingham County

If a Defendant fails to file an Answer with the appropriate Court within 30 days of being served, then the Defendant will be in Default. Default is a dangerous place to be, but it is not the end.

If the defendant fails to pay court costs and appear in the case to reopen it within 15 days after the case entered default, the plaintiff may seek a default judgment against the defendant pursuant to O.C.G.A. section 9-11-55. At this point, judgment is automatically entered against the defendant as to all claims.

If the judge grants a default judgment, the plaintiff is entitled to the amount of money damages specified in the suit, plus court costs. If the plaintiff is asking for any non-money damages (such as property), a separate hearing must be held to determine the dollar value of the damages.

If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to “set aside” (void or nullify) the judgment. If the judge grants your motion, the case starts back up again.

The Request for Default Judgment and Affidavit must be electronically filed via eFileGA at https://georgia.tylerhost.net/OfsWeb/. If you have any questions of procedure you may contact Court staff. If you have legal questions, these will need to be addressed to an attorney.

In Georgia, a judgment is valid and enforceable for seven years from the date it is granted. In order to keep a judgment from becoming unenforceable or dormant, O.C.G.A.

- Statutory right to judgment following default is not an indefeasible right, but may or may not be asserted, and may be waived by a plaintiff by proceeding with the action without taking advantage of the plaintiff's right to judgment in a timely and proper manner.