Legal Question in Civil Litigation in Georgia

I was sued by a company in 2007. They won a default judgment against me. What do I need to do to get a new trial.


Asked on 4/10/10, 5:54 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

If there is something you can do, which generally is unlikely, no one her can tell you what it is because we certainly don't know anything about the case. There is no general answer to get a new trial on a default. The one near-certain response is that if service was proper and you just ignored the lawsuit, you'll be out of luck. If you want a meaningful response, see a lawyer to actually review the facts.

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Answered on 4/15/10, 6:02 am
Paula McGill Attorney at Law

You didn't say why the company won a default judgment. Also, you didn't say why you waited three years to seek to overturn the judgment. Normally, if service is proper and a defendant simply ignores the complaint and summons (without substantial justification), it is unlikely the court will reopen the matter.

If you were the victim of sewer service (the defendant's process servicer lies about service), you might be successful in opening the matter if you didn't sit on your rights.

You should take all paperwork you have on the matter to an attorney to obtain advise on your rights.

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Answered on 4/15/10, 11:12 am


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