Legal Question in Civil Rights Law in Georgia

Re: Appeal of civil judgement

If you are still within the 45-day period from the date of service, you may open default as a matter of right. After the 45 days, at any time before final judgment, the court, in its discretion, may allow the default to be opened for providential cause preventing the filing of required pleadings or for excusable neglect or where the judge shall determine that a proper case has been made for the default to be opened. The showing must be made under oath, must set up a meritorious defense, and must announce ready to proceed with the trial. You may also ask the court to set aside the judgment by filing a motion arguing lack of jurisdiction over the person or the subject matter or fraud, accident, or mistake.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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