A Georgia Motion for Default Judgment Against Garnishee is a legal document used to obtain a court order that requires a third-party (the Garnishee) to pay a debt that is owed to a creditor (the Plaintiff). This type of motion is commonly used when a debtor has failed to pay a debt and the creditor is unable to collect payment from the debtor. Georgia allows for two types of motions for default judgment against the garnishee. The first is the “Contested Garnishment Motion for Default Judgment Against Garnishee,” which is used when the garnishee is contesting the garnishment. The second is the “Uncontested Garnishment Motion for Default Judgment Against Garnishee,” which is used when the garnishee is not contesting the garnishment. In either case, the motion must include the creditor’s name, the debtor’s name, the amount of the debt, and a statement of the facts supporting the claim. The motion must also include a copy of the garnishment writ and the garnishee’s answer. If the garnishee is contesting the garnishment, then the motion must also include the creditor’s evidence in support of the claim. Once the motion is filed, the court will review the facts and grant a judgment in favor of the creditor if the garnishment is found to be valid.
Georgia Motion For Default Judgment Against Garnishee
Description Default Judgment File
How to fill out Georgia Motion For Default Judgment Against Garnishee?
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FAQ
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 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).
In Georgia, a Motion to Set Aside a judgment may only be granted by the court under the following circumstances: The judgment being attacked was based on a lack of personal or subject matter jurisdiction. The judgment was based on fraud, accident or mistake.
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.
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.