[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP Code] Subject: Georgia Sample Letter regarding Corrected Default Judgment Dear [Recipient's Name], I am writing to bring your attention to an error in the default judgment entered against me in the case of [Case Name and Number] on [Date of Judgment]. I recently received a copy of the judgment, and upon reviewing the document, I discovered a substantial error that requires immediate correction. Firstly, it has come to my attention that the default judgment incorrectly lists the amount of damages awarded against me. The stated amount is significantly higher than what was originally claimed by the plaintiff and is clearly inaccurate. This discrepancy needs to be rectified as soon as possible to reflect the accurate financial implications of the case. Additionally, the judgment misrepresents some crucial facts concerning my involvement in the case. It falsely asserts that I failed to respond to the plaintiff's complaint within the allotted time frame, leading to the automatic entry of the default judgment. However, this is entirely incorrect. I, in fact, submitted my response within the specified timeframe, providing a well-grounded defense to the allegations made against me. Furthermore, it has come to light that my due process rights were violated during the court proceedings. I was not properly served with the summons and complaint, which deprived me of the opportunity to present my case before the court. As per the Georgia state laws, this constitutes a violation of my constitutional rights and warrants immediate remedy. In light of the above issues, I kindly request that a Corrected Default Judgment be entered in light of the accurate facts and circumstances of this case. The corrected judgment should accurately reflect the damages claimed by the plaintiff and ensure that my rights to due process are afforded and fully protected under Georgia law. I have enclosed copies of the relevant documents supporting my claims, including proof of service discrepancies and my timely response to the original complaint. These documents serve as evidence establishing the errors in the default judgment and validating my request for correction. I trust that you will give this matter the attention it deserves and take the necessary steps to rectify the inaccuracies present in the default judgment. I anticipate your prompt attention to this issue and, if necessary, an opportunity to present my case in court. Thank you for your prompt handling and anticipated cooperation in resolving this matter. Please feel free to contact me at your earliest convenience to discuss this further. Yours sincerely, [Your Name]
Georgia Sample Letter regarding Corrected Default Judgment
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How to fill out Georgia Sample Letter Regarding Corrected Default Judgment?
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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.
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 ...
If a Defendant fails to show at trial, a default judgment is issued and there is no appeal. If the defendant fails to answer a civil claim within 30 days, the case is in default and the Defendant has 15 days in which he/she may open the default by paying court cost and filing an answer.
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.
If either party is dissatisfied with the judgment, that party may appeal (request a review of the judgment by a higher court). Either the state court or the superior court in the county will hear the appeal, and either party may request a jury trial.
If a defendant does not answer a complaint within 30 days after being served, the defendant is in default. It is an unenviable position, but it is not the end of the road. In Georgia, a defendant is allowed an extra 15 days to open default as a matter of right.
The law requires a judgment creditor to file a "Satisfaction of Judgment" with the clerk of court upon receiving payment in full on an outstanding civil judgment. The judgment creditor is the one who is awarded money to be paid by the losing party. This may be the plaintiff or the defendant on a counterclaim.
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.
