How do I get a default Judgement in Georgia?

If the defendant fails to answer the plaintiff's claims or fails to appear at the hearing, the judge may, upon the plaintiff's request, hear and decide the case without hearing the defendant's side. This is called a default judgment.

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Georgia Certificate in Support of Default Judgment

Georgia Certificate in Support of Default Judgment

Name: Georgia Certificate in Support of Default Judgment
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.72 (295 reviews)

Category:

Georgia Affidavits

State:

Georgia

Control #:

GA-S002ST

Format:

Instant download

Description

An Affidavit is a sworn, written statement of facts, signed by the 'affiant' (the person making the statement) before a notary public or other official witness. The affiant swears to the truth and accuracy of the statement contained in the affidavit. This is a Certificate in Support of default judgment against a defendant for failure to file an answer within the required time after the service of a complaint in Magistrate Court. The Georgia Certificate in Support of Default Judgment is a document used in Georgia courts to provide evidence that the defendant in a case did not respond to a lawsuit. This is typically used when the plaintiff is suing for money or other damages and the defendant has failed to answer the lawsuit. There are two types of Georgia Certificates in Support of Default Judgment. The first is an Uncontested Default Certificate, which is used when the defendant has not responded to the lawsuit but does not contest the plaintiff's claims. The second is a Contested Default Certificate, which is used when the defendant has responded to the lawsuit but disputes the plaintiff's claims. Both types of certificates are used to prove the defendant's failure to respond and can be used to obtain a default judgment in Georgia.

The Georgia Certificate in Support of Default Judgment is a document used in Georgia courts to provide evidence that the defendant in a case did not respond to a lawsuit. This is typically used when the plaintiff is suing for money or other damages and the defendant has failed to answer the lawsuit. There are two types of Georgia Certificates in Support of Default Judgment. The first is an Uncontested Default Certificate, which is used when the defendant has not responded to the lawsuit but does not contest the plaintiff's claims. The second is a Contested Default Certificate, which is used when the defendant has responded to the lawsuit but disputes the plaintiff's claims. Both types of certificates are used to prove the defendant's failure to respond and can be used to obtain a default judgment in Georgia.

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FAQ

RULE 15. The party seeking entry of a default judgment in any action shall certify to the court the date and type of service effected as shown by court records and that there has been no defensive pleading from the party against whom the judgment is sought.

- 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.

If the defendant fails to answer the plaintiff's claims or fails to appear at the hearing, the judge may, upon the plaintiff's request, hear and decide the case without hearing the defendant's side. This is called a default judgment.

If a defendant fails to respond within those 30 days, the case is deemed to be ?in default.? By statute, a defendant receives a grace period of an additional 15 days to automatically ?open default,? without admitting to the plaintiff's allegations, under O.C.G.A. § 9-11-55(a).

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.

In Georgia, a judgment is valid and enforceable for seven years from the date it is granted.

More info

The following forms can be completed online and printed for submission to the court. Certificate in Support of Motion for Default. (Rev.DEFAULT JUDGMENT PROCEDURE. 1. Obtain a Certificate of Default for each defaulting defendant from the Clerk's Office. Proof of Service and Personal Jurisdiction Required. Prior to entering a default judgment, the court must find proof that the complaint and summons were. Step 3: Complete the "Application and Affidavit for Default. " Mark the boxes, and write in the spaces to provide the required information. Step 3: Complete the "Application and Affidavit for Default. " Mark the boxes, and write in the spaces to provide the required information.

Georgia Certificate in Support of Default Judgment

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