Georgia Court of Appeals reverses a default judgment based on the entry of service.

In a recent case before the Court of Appeals of Georgia, The Radiology Group, LLC, appealed a default judgment entered against them in a lawsuit brought by Michael Marks for fee collection. The court reversed the default judgment, ruling that it was premature because The Radiology Group still had time to respond to Marks’s complaint when the judgment was entered.

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What is a Default Judgment?

When a defendant fails to respond to a complaint within 30 days of being served, they enter default status. However, in Georgia, defendants have an additional 15 days to rectify this situation as a matter of right.

If the default remains unresolved after 15 days, the plaintiff can file a Motion for a Default Judgment. If granted, the defendant becomes liable to the plaintiff. Depending on the circumstances, the defendant might still have the opportunity for a damages hearing to determine the amount owed.

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The timeline of events revealed that Marks served the complaint and summons to an administrator of The Radiology Group on May 15, 2023. However, the proof of service was filed by Marks on June 14, 2023, more than five days after the service was performed. According to OCGA § 9-11-4 (h), the time for The Radiology Group to answer the complaint did not begin until the proof of service was filed.

Despite this, the trial court entered a default judgment on June 29, 2023, only 15 days after the proof of service was filed. The Radiology Group then filed an answer to the complaint on July 10, 2023, and timely appealed the default judgment.

The Court of Appeals ruled that since the proof of service was not filed within the required timeframe, the time for The Radiology Group to answer did not begin until June 14, 2023. Therefore, the default judgment entered on June 29 was premature, and The Radiology Group’s answer filed on July 10 was considered timely.

THE RADIOLOGY GROUP, LLC v. MARKS , Georgia Court of Appeals, A24A0139

What can I do if a default judgment has already been entered against me?

If a default judgment has been issued against you, you can petition the court to set it aside by filing a motion to do so.

To successfully request the court to set aside a default judgment, you must demonstrate good cause for your failure to respond to the complaint. Good cause refers to the valid reasons why you didn’t participate in the legal proceedings, such as improper service of process.

An experienced debt defense attorney will evaluate the evidence to determine the most effective argument to have the default judgment overturned.

Debt Collection Defense Lawyer

Diwan Law, LLC is experienced in the complexities of Georgia’s debt collection statutes and laws and is dedicated to advocating for you to secure the most favorable outcome possible.