Letter Requesting Motion To Vacate Order Of Default Form In Fulton
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FAQ
The landlord or agent has to file a Dispossessory Proceeding Against Tenant Holding Over in the Fulton County Clerk's Office. The Fulton County Clerk's Office is located at 136 Pryor Street SW, Atlanta Georgia 30303. Note: The address on the dispossessory must be the address that is to be evicted.
Georgia Eviction Timeline (2025) StageTimelineKey Points Initial Notice Period 3 days to 60 days Based on the reason for eviction and lease type Filing and Serving Notice 7 days Tenant must respond or comply within this timeframe Writ of Possession 7 days after judgment Tenant must vacate within 7 days
If it has been 30 days or less, you can get rid of ("vacate") a default judgment by filing a motion. This is a written request to the judge asking them to throw out the judgment. You will have to send a copy of the motion to the other party in the case, and then show up in court for a hearing.
An appeal asks a higher court to change the decision made by a lower court. A Motion to Vacate asks the same court to cancel its decision, as if the case never happened.
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.
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.
A defendant can challenge the entry of default by filing a motion pursuant to Federal Rule of Civil Procedure 55(c), which allows the court to set it aside for “good cause” shown. Under certain circumstances, the court is required to do so.
Once the judgment is set aside, the case starts up again. If you do not file an answer with the court to defend against plaintiff's complaint, you could again be defaulted and another default judgment could be entered against you.
If you don't file an Answer or you miss a court date, the party suing you will ask the court for a default judgment against you. 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.
If a Default Judgment Is Entered, Act Fast If a default judgment has been entered against you, you must act quickly to open the judgment, generally within ten (10) days of its entry, or establish a defect on the face of the record to warrant a Court striking the judgment.
