Georgia Rights of Operator Against A Defaulting Party Pre 1989 Agreements

State:
Multi-State
Control #:
US-OG-719
Format:
Word; 
Rich Text
Instant download

Description

This form is used if any party fails or is unable to pay its proportionate share of the costs for the operation, the Operator shall have the right to enforce the lien, or the Operator shall have the right, exercised before or after Completion of the operation.

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FAQ

Any response to a motion for summary judgment must include a separate, short and concise statement of each material fact as to which the non-movant contends there is a genuine issue to be tried. Ga. Unif.

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).

Hear this out loud PauseUnless otherwise ordered by the judge, each party opposing a motion shall serve and file a response, reply memorandum, affidavits, or other responsive material not later than 30 days after service of the motion, or on the date of the hearing (if one is held) whichever occurs sooner.

If either party is dissatisfied with the judgment, that party may appeal (request a review of the judgment by a higher court). Either the state court or the superior court in the county will hear the appeal, and either party may request a jury trial. Appeals must be made within 30 days from the judge's decision.

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.

Hear this out loud PauseIf either party is dissatisfied with the judgment, that party may appeal (request a review of the judgment by a higher court). Either the state court or the superior court in the county will hear the appeal, and either party may request a jury trial. Appeals must be made within 30 days from the judge's decision.

Hear this out loud Pause30 - Default (1) A default order may be entered against a party who: (a) fails to appear at the scheduled hearing time after proper notice was duly issued; (b) fails to participate in any stage of a proceeding; (c) fails to file any required pleading; or (d) fails to comply with an order issued by the Court.

Hear this out loud PauseApplicable Georgia Statutes If a defendant fails to file an answer within those 30 days, the case is deemed to be ?in default.? After those 30 days have passed, a defendant has an additional 15 days to automatically ?open default,? without admitting to the plaintiff's allegations, under O.C.G.A. § 9-11-55(a).

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Georgia Rights of Operator Against A Defaulting Party Pre 1989 Agreements