A Georgia Order Vacating Judgment is a legal document issued by a court in the state of Georgia that vacates (cancels) an existing judgment. It is used when the judgment was issued in error or when the judgment has been paid in full. There are two types of orders vacating judgment in Georgia: an Order Vacating Default Judgment and an Order Vacating Final Judgment. An Order Vacating Default Judgment is used when the defendant was not present in court when the judgment was rendered and the judgment was issued in error. An Order Vacating Final Judgment is used when the judgment has been paid in full and the defendant wants the judgment removed from their record. In either case, the Order Vacating Judgment must be signed by the judge and filed with the court.
Georgia Order Vacating Judgment
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FAQ
To set aside or annul a previous judgment or order.
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.
A motion to set aside may be brought to set aside a judgment based upon: (1) Lack of jurisdiction over the person or the subject matter; (2) Fraud, accident, or mistake or the acts of the adverse party unmixed with the negligence or fault of the movant; or (3) A nonamendable defect which appears upon the face of the
A motion to set aside may be brought to set aside a judgment based upon: (1) Lack of jurisdiction over the person or the subject matter; (2) Fraud, accident, or mistake or the acts of the adverse party unmixed with the negligence or fault of the movant; or (3) A nonamendable defect which appears upon the face of the
- 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 is unwilling to pay, the plaintiff may: Place a lien on the defendant's property, giving the plaintiff the right to sell the defendant's property to collect the money award. The clerk of the court, when asked by the plaintiff, can place a lien on the defendant's property.
In Georgia, a judgment is valid and enforceable for seven years from the date it is granted.
If you did not go to your small claims court date, you can ask the court to cancel (vacate) what the judge decided that day and get a new court date.