Georgia Sample Letter to Clerk for filing Default Judgment Signed by Judge
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How to fill out Sample Letter To Clerk For Filing Default Judgment Signed By Judge?
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FAQ
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 motion to set aside may be brought to set aside a judgment based upon: (1) Lack of jurisdiction over the person or the subject matter; (2) Fraud, accident, or mistake or the acts of the adverse party unmixed with the negligence or fault of the movant; or (3) A nonamendable defect which appears upon the face of the ...
If a defendant does not answer a complaint within 30 days after being served, the defendant is in default. It is an unenviable position, but it is not the end of the road. In Georgia, a defendant is allowed an extra 15 days to open default as a matter of right.
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.
The only way to enforce a judgment in GA is to record a Fieri Facias (FiFA) from the court. A FiFa is the same thing as a Writ Of Execution in other states. Every creditor who wins a judgment usually gets a FiFA from the awarding court. The FiFA must be recorded in each county where the judgment debtor has assets.
If the defendant is unwilling to pay, the plaintiff may: Place a lien on the defendant's property, giving the plaintiff the right to sell the defendant's property to collect the money award. The clerk of the court, when asked by the plaintiff, can place a lien on the defendant's property.
If a defendant does not answer a complaint within 30 days after being served, the defendant is in default. It is an unenviable position, but it is not the end of the road. In Georgia, a defendant is allowed an extra 15 days to open default as a matter of right.
