A Georgia Default Judgment is a court order granted when a defendant fails to respond to a civil complaint. It is a judgment in favor of the plaintiff, usually for the amount claimed in the complaint. This type of judgment is usually sought when the defendant does not respond to the summons or complaint, or fails to appear at a hearing or trial. There are two types of Georgia Default Judgment: a Default Judgment Without Notice and a Default Judgment After Notice. A Default Judgment Without Notice is a judgment that is granted without the defendant being given notice of the court proceedings. A Default Judgment After Notice is a judgment that is granted after the defendant has received notice of the court proceedings and either fails to respond or fails to appear in court.
Georgia Default Judgment
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FAQ
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.
- 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.
Regardless of how the judgment is obtained, there are three main options to consider in attempting to collect on the judgment. Filing a Garnishment. First, a party may pursue a garnishment.Recording a Writ of Fieri Facias.Conducting Post-Judgment Discovery.