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IN THE MAGISTRATE COURT OF FULTON COUNTY STATE OF GEORGIA Plaintiff(s) CIVIL ACTION FILE NO. v. Defendant REQUEST FOR DEFAULT JUDGMENT SMALL CLAIMS AND TROVER Plaintiff(s) declare(s) that the Defendant(s).

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How to fill out the Affidavit For Default Judgment - Fulton County Magistrate Court Of ... online

Filling out the Affidavit for Default Judgment is an important step in the legal process for obtaining a judgment when a defendant fails to respond. This guide will help you navigate the form, providing clear instructions for each component to ensure a smooth online experience.

Follow the steps to fill out the Affidavit for Default Judgment effectively.

  1. Click ‘Get Form’ button to obtain the form and open it in your preferred digital editor.
  2. In the first section, enter the civil action file number assigned to your case. This number is essential as it connects the affidavit to your specific legal matter.
  3. Fill in the names of the plaintiff(s) and defendant(s). Ensure you list the names as they appear in your case documents, maintaining accuracy.
  4. State the total amount you are requesting in damages. This should include the principal amount, any attorney fees, interest, and court costs. Break these down into the respective fields.
  5. Prepare to affirm that the defendant has failed to respond, providing the relevant timeline since they were served. Include the precise dates to substantiate your claim.
  6. Indicate the date when you are swearing to the affidavit. This step involves signing the form in the presence of a notary public or court clerk.
  7. Review all entries for accuracy. Once you are confident the form is complete, you can save, download, print, or share your affidavit as needed.

Begin filling out your Affidavit for Default Judgment online to progress your case efficiently.

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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.

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 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.

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.

What is a default judgment? If the defendant fails to answer the plaintiff's claims or fails to appear at the hearing, the judge may, upon the plaintiff's request, hear and decide the case without hearing the defendant's side.

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.

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