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IN THE MAGISTRATE COURT OF DOUGLAS COUNTY STATE OF GEORGIA PlaintiffVS Case Number DefendantMOTION FOR DEFAULT JUDGMENT The defendant having failed to file an answer within fortyfive (45).

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What kind of property is subject to a judgment lien under Georgia law? In Georgia, a judgment lien can be attached to the debtor's real estate -- meaning a house, condo, land, or similar kind of property interest -- or to the debtor's personal property -- things like jewelry, art, antiques, and other valuables.

No appeal shall lie from a default judgment or from a dismissal for want of prosecution after a nonappearance of a plaintiff for trial.

A defendant who has a default judgment against them can apply to the court that issued the judgment to set it aside. If the court sets aside the judgment, it is as though the order was never made. The court still needs to deal with the claim.

Georgia Code Title 9. Civil Practice § 9-11-55. (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.

If the defendant fails to satisfy the judgment and make the payments, you may request that the Sheriff's Department levy the defendant's property. If you request a levy, you as plaintiff take on some responsibilities.

For that purpose the judgment debtor should approach the plaintiff/judgment creditor or his/her/its attorney to obtain the written consent to rescission of judgment. There is however no requirement in law that obliges a plaintiff/judgment creditor to give a consent to rescission of judgment.

You may be able to negotiate a settlement with the debt collector to allow you to pay off the judgment under better terms. In Limited Civil cases (cases for $35,000 or less), if the other side will not agree to a payment plan, you can ask the judge to order a payment plan.

If a defendant fails to respond within those 30 days, the case is deemed to be “in default.” By statute, a defendant receives a grace period of 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 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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© Copyright 1997-2025
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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