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Federal Court: after an opposing party has filed an answer or a motion for summary judgment, a plaintiff may only dismiss his case either by court order or by a stipulation of all parties in the case.
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.
-Motions for summary judgment must be filed as soon as possible but no more than 30 days after close of discovery unless otherwise ordered by the court.
How long does a judgment lien last in Georgia? A judgment lien in Georgia will remain attached to the debtor's property (even if the property changes hands) for seven years (whether the lien is attached to real estate or to personal property).
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.
Thus, just as a summary judgment is not a dismissal meaning a summary judgment should not be sought through a motion to dismiss a dismissal is not a summary judgment, and should not be sought thereby.
In the state of Georgia there is no criminal motion to dismiss a case. The prosecutor over your case has to determine whether there is probable cause to prosecute you for a crime. If you wait and hire an attorney when you receive your notice for arraignment you have potentially waited to long.
A motion to dismiss should only be filed and will only be granted by a court, if: The allegations of the plaintiff's complaint disclose with certainty that the plaintiff would not be entitled to relief under any state of provable facts asserted in support thereof, and.
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 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.