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Withdrawing a default judgment involves filing a motion to set aside that judgment based on valid reasons, like excusable neglect or lack of proper notice. You must present compelling evidence to convince the court of your circumstances. Completing the necessary forms accurately is essential, especially the Motion to vacate judgment Georgia form format, which can be found on US Legal Forms. This platform offers easy access to the forms needed for a successful withdrawal.
To file a motion to vacate a judgment in Georgia, you should draft your motion, detailing the reasons for your request and referencing the relevant Georgia statute. Include any supporting documents or evidence that support your case. Then, submit your motion to the appropriate court and serve it to the other parties involved. For a smooth process, utilize our Motion to vacate judgment Georgia form format available at US Legal Forms.
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 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.
You have the option of accepting partial payments. 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.
Removing A Judgment from Your Record There are only three ways in which a judgment can be made to go away: paying the debt, vacating the judgment or discharging the debt through bankruptcy.
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 ...