Fulton Georgia Motion to Set Aside Entry of Default and Default Judgment

State:
Multi-State
County:
Fulton
Control #:
US-01704BG
Format:
Word; 
Rich Text
Instant download

Description

In deciding whether to set aside a default judgment, courts seek to balance two competing interests: (1) the need to promote judicial economy; and (2) the need to preserve an individual's right to defend on the merits. Therefore, in addition to the requirement that defendant show that the judgment was entered through excusable neglect or another statutory ground, the court will consider a variety of factors, including:


the nature and extent of the prejudice which may be suffered by the non-defaulting party if the default is set aside;
2. the presence of material issues of fact;
3. the presence of a meritorious defense to the claim;
4. the significance of the interests at stake, including, but not limited to, the amount of money involved;
5. whether the failure to answer was intentional or willful or the result of conscious indifference;
6. whether party or counsel bears responsibility for default; and the availability of less drastic sanctions.

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FAQ

After you notify the defendant of the judgment, you can begin to enforce the judgment. Your judgment might be for money, repossession, eviction, foreclosure, or any number of things. In any case, your rights at this point would be the same as if you had gone to trial and won.

If you are sued and you did not go to your trial, the court may enter a judgment against you based on the information the plaintiff provided, without hearing your side of the story. If you then want a new trial, you must ask the judge to vacate (cancel) the judgment against you.

You must sign an Affidavit confirming your personal details, stating why judgment was granted against you, confirming that the debt has been paid, and that the person or company you owed money to agrees or consents to a Rescission of Judgment.

Once a defendant becomes aware of the judgment against him, he must file a motion to vacate it within a reasonable time. He must also arrange for the service of court documents upon all involved parties. The court can only vacate a judgment within three years from the original entry of judgment.

Final Judgment on the Merits: As indicated, a default judgment is a final judgment on the merits. Same Transactional Facts: "The marks and claims at issue in this proceeding were also at issue in the Civil Action."

A default judgment is a final resolution of a court case in favor of one party due to the other party's failure to take a required action to participate in the case.

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.

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Fulton Georgia Motion to Set Aside Entry of Default and Default Judgment