Georgia Clauses Relating to Defaults, Default Remedies
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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.
30 - 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.
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.
Default Judgment. When case in default; opening as matter of right; judgment. If in any case an answer has not been filed within the time required by this chapter, the case shall automatically become in default unless the time for filing the answer has been extended as provided by law.
This provision specifies the remedies for an Event of Default and also outlines the order in which available funds will be disbursed to the lenders. all outstanding borrowings become immediately due and payable. all outstanding borrowings become immediately due and payable.
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.
§ 9-11-55 applies in a disciplinary proceeding; thus, in order to authorize the opening of an attorney's default, the attorney was required to show "providential cause," "excusable neglect," or a "proper case." In re Turk, 267 Ga. 30, 471 S.E.2d 842 (1996). Modification of alimony. - Default provisions of O.C.G.A.
This motion to set aside default judgment with affidavit may be used by a corporate defendant/tenant in a dispossessory proceeding in Georgia to ask the court to set aside a default judgment in favor of the plaintiff/landlord because the defendant was not properly served with the summons for the action.