Payment Of Judgment In Fulton
Description
Form popularity
FAQ
In cases where the judgment is entered by default, action can be taken immediately to satisfy the judgment, either by garnishment or levy upon the property of the defendant in fi fa. Other judgments may not be enforced for a period of ten days after entry of the judgment.
Default. If the defendant fails to file an answer within 45 days, the plaintiff may request a default judgment. A plaintiff wishing to obtain a default judgment should file for an Affidavit for Default Judgment with the Clerk of Magistrate Court.
The Plaintiff (the one filing the action) must electronically file a sworn statement with the Clerk of Magistrate Court, describing the charges against the Defendant (the person or business against whom the claim is brought). This Statement of Claim provides each party with the reason for the lawsuit.
What is a default judgment? Default means a party has not done what is required of them in the time allowed. For example, a defendant (or respondent) did not file an answer to a complaint within the required time, or a plaintiff (or petitioner) did not answer a counterclaim within the required time.
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.
The party seeking entry of a default judgment in any action shall certify to the court the following: the date and type of service effected; that proof of service was filed with the court; the date on which proof of service was filed; and that no defensive pleading has been filed by the defendant as shown by court ...
