In lawsuits, a frequent problem facing defendants, who are not represented by a debt defense attorney, is that they end up in default and have a default judgment issued against them.
What is default?
Default is the determination by the court that you did not do something you were supposed to do. The court can find you in default if you failed to do one of the following things:
Answer a complaint by the deadline
Follow a court order
Attend a hearing
Make a court-ordered payment
What is a Default Judgment?
If a defendant does not answer a complaint within 30 days after being served, the defendant is in default. It is an unenviable position, but it is not the end of the road. In Georgia, a defendant is allowed an extra 15 days to open default as a matter of right.
If the defendant does not open default within 15 days, the plaintiff can submit a Motion for a Default Judgment. If granted, the defendant will be liable to the plaintiff.
Depending on the circumstances, the defendant may still be entitled to a damages hearing to determine the amount owed to the plaintiff.
What can I do if a default judgment has already been entered against me?
You can ask the court to set aside your default or default judgment by filing a motion to set aside the default judgment
To get the court to set aside a default judgment, you must have good cause for not answering the complaint. Good cause is the reason you didn’t respond to the suit. There are several valid arguments to set aside a default judgment, such as you did not receive proper service of process.
An experienced debt defense attorney will look at the evidence to determine your best argument to get the default judgment set aside.
If the case against you is currently in default, it is crucial that you find a lawyer to help you set aside the default judgment. Contact our office for a free case evaluation.
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CREDIT CARD OR OTHER DEBT COLLECTION LAWSUIT?
Turn to the leading debt collection defense lawyer in Georgia. Diwan law is dedicated to protecting our client’s rights.
Diwan Law represents clients facing: third-party debt buyer lawsuits [i.e. Midland Funding, Portfolio Recovery Associates, Asset Acceptance, Cavalry SPV I, LLC, Cavalry Portfolio Services, Unifund, etc.] and Credit Card lawsuits [Zwicker, Cooling and Winter, Cooling & Winter]
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Atlanta, GA 30346
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We serve clients across Georgia, including, but not limited to, clients in the following locations: Fulton County including Atlanta, Milton, Roswell, and Sandy Springs; Bibb County including Macon; Carroll County including Carrollton; Cobb County including Kennesaw, Marietta, and Smyrna; Coweta County including Newnan; DeKalb County including Brookhaven, Clarkston, Decatur, Dunwoody, and Stone Mountain; Douglas County including Douglasville; Floyd County including Rome; Gwinnett County including Duluth; Habersham County including Cornelia; and Hall County including Gainesville, Cherokee County, Henry County, Forsyth County, and Paulding County.