Legal Question in Personal Injury in Georgia

In a civil suit the defendant was served on 11/23/2010. The defendant answered on 12/27/2010. This was in the state of Georgia.

Can I get a default judgement because the defendant did not answer in 30 days?


Asked on 1/07/11, 11:28 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

No. As a matter of law a Defendant has 15 days after the 30 to reopen a default. (They must pay costs to do so).

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Answered on 1/12/11, 12:13 pm
Phillip M. Cook Cook Legal Services, LLC

Not yet. Defendant gets 15 days after the 30 to re-open. If Defendant fails to do so, THEN you can proceed with motion for default judgment. Not sure which court you are in, but you should check that court's Rules of Civil Procedure to see what the process is for filling the Motion.

Here's the State Court rules on default judgment --

Rule 15 Default Judgments

The party seeking entry of a default judgment in any action shall certify to the court the date and type of service effected as shown by court records and that there has been no defensive pleading from the party against whom the judgment is sought. This certificate shall be in writing and must be attached to the proposed default judgment when presented to the judge for signature.

If a claim is for a liquidated amount, default judgment may be entered without a certificate when service has been perfected, the matter stands in default, and judgment is otherwise appropriate.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 1/12/11, 1:29 pm


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