The Georgia Certificate in Support of Default Judgment is a document used in Georgia courts to provide evidence that the defendant in a case did not respond to a lawsuit. This is typically used when the plaintiff is suing for money or other damages and the defendant has failed to answer the lawsuit. There are two types of Georgia Certificates in Support of Default Judgment. The first is an Uncontested Default Certificate, which is used when the defendant has not responded to the lawsuit but does not contest the plaintiff's claims. The second is a Contested Default Certificate, which is used when the defendant has responded to the lawsuit but disputes the plaintiff's claims. Both types of certificates are used to prove the defendant's failure to respond and can be used to obtain a default judgment in Georgia.
Georgia Certificate in Support of Default Judgment
Description Certificate Of Service Georgia
How to fill out Georgia Certificate In Support Of Default Judgment?
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FAQ
In Georgia, a judgment is valid and enforceable for seven years from the date it is granted.
If the judge grants a default judgment, the plaintiff is entitled to the amount of money damages specified in the suit, plus court costs. If the plaintiff is asking for any non-money damages (such as property), a separate hearing must be held to determine the dollar value of the damages.
If the defendant fails to pay court costs and appear in the case to reopen it within 15 days after the case entered default, the plaintiff may seek a default judgment against the defendant pursuant to O.C.G.A. section 9-11-55. At this point, judgment is automatically entered against the defendant as to all claims.
If a defendant fails to respond within those 30 days, the case is deemed to be ?in default.? By statute, a defendant receives a grace period of an additional 15 days to automatically ?open default,? without admitting to the plaintiff's allegations, under O.C.G.A. § 9-11-55(a).
If the defendant fails to answer the plaintiff's claims or fails to appear at the hearing, the judge may, upon the plaintiff's request, hear and decide the case without hearing the defendant's side. This is called a default judgment.
- Statutory right to judgment following default is not an indefeasible right, but may or may not be asserted, and may be waived by a plaintiff by proceeding with the action without taking advantage of the plaintiff's right to judgment in a timely and proper manner.
RULE 15. The party seeking entry of a default judgment in any action shall certify to the court the date and type of service effected as shown by court records and that there has been no defensive pleading from the party against whom the judgment is sought.