Georgia Sample Letter regarding Corrected Default Judgment
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How to fill out 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.
