This form is a judgment by default. This form is used to issue a judgment in favor of plaintiff against the defendant.
Georgia Judgment by Default - B 261B
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A garnishment is a separate legal action that is filed against the garnishee. The garnishee is a person or business entity that either owes funds to the judgment debtor or is holding funds on behalf of the judgment debtor. A garnishment could be used against a bank, credit union, employee, general contractor, etc.
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.
The Official Code of Georgia Annotated 9-12-60 addresses the general terms and conditions of judgments in the State of Georgia. This statute was designed to clearly define the force an effect of a judgment taken within Georgia. In Georgia, a judgment is valid and enforceable for seven years from the date it is granted.
You have the option of accepting partial payments. If the defendant fails to satisfy the judgment and make the payments, you may request that the Sheriff's Department levy the defendant's property. If you request a levy, you as plaintiff take on some responsibilities.
In order to allow the default to be thus opened, the showing shall be made under oath, shall set up a meritorious defense, shall offer to plead instanter, and shall announce ready to proceed with the trial.
Applicable Georgia Statutes 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).
Regardless of how the judgment is obtained, there are three main options to consider in attempting to collect on the judgment. Filing a Garnishment. First, a party may pursue a garnishment. ... Recording a Writ of Fieri Facias. ... Conducting Post-Judgment Discovery.
When a garnishee fails or refuses to file a garnishee answer at least once every 45 days, such garnishee shall automatically be in default.