Motion for Default Judgment Georgia Form
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People also ask
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What is a motion to set aside default Judgement in Georgia?
Motions to set aside judgments may be served by any means by which an original complaint may be legally served if it cannot be legally served as any other motion. A judgment void because of lack of jurisdiction of the person or subject matter may be attacked at any time.
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What happens if a defendant does not pay a judgment in GA?
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.
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What is a motion for default Judgement in Georgia?
How to Obtain a Default Judgement in a Georgia Injury Case? If an at-fault defendant does not answer a personal injury complaint within 30 days, they are automatically in default. Yet, a defendant in default can open default within 15 days.
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What happens after a default judgement is issued in Georgia?
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.
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What does setting aside a default judgement mean?
If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to “set aside” (void or nullify) the judgment. If the judge grants your motion, the case starts back up again.
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What happens if a defendant does not pay a judgment in Georgia?
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.
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What is a set aside application for default Judgement?
The Court may set aside the default judgment if the Defendant can show they have a real prospect of successfully defending the claim, or if there is some other good reason as to why the default judgment be set aside, or the Defendant allowed to defend the claim.
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What is the statute of default judgment in Georgia?
(a)When case in default; opening as matter of right; judgment. If in any case an answer has not been filed within the time required by this chapter, the case shall automatically become in default unless the time for filing the answer has been extended as provided by law.
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