Legal Question in Civil Litigation in Georgia

Request for Default Judgement
I had a small claims case that was addressed to an officer of the corp rather than the LLC registered agent. The judge gave me an opportunity to have it reserved with the correct information. I amended the suit to have the LLC and its registered agent served instead of the individual. It has been over 45 days and the LLC has not responded. Since the claim was amended to this new LLC name, do they still have to submit an answer? On the first judgment, the judge stated once service is obtained, the case will proceed according to law. Is there another step in the process to remove the first person's name and replace it with the LLC name? I'm afraid I have missed an important step. Can I request a default judgement based on the information above?

Asked on 2/04/02, 2:20 pm

Eric Ballinger Ballinger & Associates

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Re: Request for Default Judgement

In short, no you cannot get a default. Since they answered the original complaint, it is deemed denied and now the case will proceed to trial.

Answered on 2/04/02, 7:34 pm

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