A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Motion for Default Judgment, is a model motion requesting the named action from the court (or a general motion form). Adapt to fit your facts and circumstances. Available for download now in standard format(s). USLF control no. GA-EB706
Motion To Vacate Judgment Georgia Form With Default
Category:
State:
Georgia
Control #:
GA-EB706
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Word;
PDF;
Rich Text
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How to fill out Georgia Motion For Default Judgment?
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FAQ
You can ask the court to vacate (undo) the default judgment. If the judgment is vacated and the case is put back on the court's calendar and the case will continue. You still have to defend the case, but the other side no longer has a judgment against you.
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.
A default judgment occurs when a defendant fails to answer or otherwise appear in the case. If the defendant does this, the case enters default.
If either party is dissatisfied with the judgment, that party may appeal (request a review of the judgment by a higher court). Either the state court or the superior court in the county will hear the appeal, and either party may request a jury trial. Appeals must be made within 30 days from the judge's decision.
The Request for Default Judgment and Affidavit must be electronically filed via eFileGA at . 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.