Letter Requesting Motion To Vacate Order Of Default Without Notice In Georgia
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A judgment is good for 7 years and may be renewed by filing the appropriate forms with the Clerk of Magistrate Court.
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.
Once a judgment is issued, the creditor has the right to take further actions to collect the debt, such as wage garnishment, bank account levies, or placing liens on your property.
(4) Within ten (10) calendar days of the entry of a default judgment, the party against whom the default judgment was issued may file a written motion requesting that the judgment be vacated or modified, and stating the grounds for the motion.
If you were sued and lost because you did not appear in court, you can file an SC-135 Notice of Motion to Vacate Judgment. By filing this motion, you are asking the court to cancel the judgment entered against you and to give you a new trial.
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.
A judgment void because of lack of jurisdiction of the person or subject matter may be attacked at any time. Motions for new trial must be brought within the time prescribed by law. In all other instances, all motions to set aside judgments shall be brought within three years from entry of the judgment complained of.
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.
As further bad news, default judgments do not simply vanish. The lien of a default judgment lasts five years and may be easily and repeatedly revived and transferred to other counties or states.
Most Courts, including California, put strict time limits on when that motion may be filed (six months from entry of default in California though this time limit may be altered based on various factors) and the longer the period of time from entry of default, the harder it is to have the Court remove it.
