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IN THE MAGISTRATE COURT OF DOUGLAS COUNTY STATE OF GEORGIA Plaintiff VS Case Number Defendant MOTION FOR DEFAULT JUDGMENT The defendant having failed to file an answer within forty-five (45) days.

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The Request for Default Judgment and Affidavit must be electronically filed via eFileGA at https://georgia.tylerhost.net/OfsWeb/. If you have any questions of procedure you may contact Court staff. If you have legal questions, these will need to be addressed to an attorney.

- 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 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.

In the State of Georgia, a Defendant has 15 days to Open Default as a matter of right and a more limited ability to open default after 15 days. Why does Default Matter? If a Defendant fails to Open Default in 15 days, then the Plaintiff may file a Motion for Default Judgment.

If a Defendant fails to file an Answer with the appropriate Court within 30 days of being served, then the Defendant will be in Default. Default is a dangerous place to be, but it is not the end.

In Georgia, a creditor can garnish your wages, seize money from your checking account, put a lien on your house, and take your car away from you if it is paid off.

Applicable Georgia Statutes If a defendant fails to file an answer within those 30 days, the case is deemed to be “in default.” After those 30 days have passed, a defendant has an additional 15 days to automatically “open default,” without admitting to the plaintiff's allegations, under O.C.G.A. § 9-11-55(a).

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 the State of Georgia, a Defendant has 15 days to Open Default as a matter of right and a more limited ability to open default after 15 days. Why does Default Matter? If a Defendant fails to Open Default in 15 days, then the Plaintiff may file a Motion for Default Judgment.

- 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.

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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232