Georgia Complaint for Accounting, Conversion, Damages Declaratory Judgment and for Specific
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How to fill out Complaint For Accounting, Conversion, Damages Declaratory Judgment And For Specific?
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FAQ
So what is a "declaratory judgment" lawsuit? This answer is this: It's a lawsuit that a plaintiff files in which the plaintiff asks the court to "declare" through issuance of a "declaratory judgment" what the respective rights of the parties are.
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.
A declaratory judgment is a binding judgment from a court defining the legal relationship between parties and their rights in a matter before the court. When there is uncertainty as to the legal obligations or rights between two parties, a declaratory judgment offers an immediate means to resolve this uncertainty.
Ga. 2001). Under these circumstances, the court's guidance through a declaratory judgment tells the litigant whether its proposed course of conduct or business will subject them to future damages. This procedure assists in relieving the insecurity or uncertainty associated with a proposed course of action.
The benefit of a declaratory judgment is that it prevents lawsuits that are likely to be unsuccessful, which saves the courts, and ultimately taxpayers, resources and time. A policyholder that receives an unfavorable declaratory judgment is unlikely to file a lawsuit, as the suit is much more likely to be dismissed.
Since there is no limitations period specifically addressed to the declaratory judgment action, it generally falls under the ?catch-all? provision of CPLR 213[1] and gets six years as ?an action for which no limitation is specifically prescribed by law.? That being the case, you assume1 your declaratory judgment cause ...