Default Judgment in Georgia
If a creditor or debt collector has served you with a lawsuit and you do not file an answer within 45 days, you may be able to avoid a default judgment and have your day in court.
After those 30 days have passed, a defendant has an additional 15 days to automatically “open default,” without admitting to the plaintiff’s allegations, under O.C.G.A. § 9-11-55(a).
If a defendant still fails to respond after 45 days, then a defendant may still be able to “open default.” Along with paying court costs, filing an answer under oath, and stating a readiness to proceed to trial, the defendant must satisfy specific statutory requirements and preconditions under O.C.G.A. § 9-11-55(b):
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Cooling & Winter, LLC, Debt Collection Attorneys
What is Cooling & Winter, LLC?
Cooling and Winter is a southeast regional debt collection law firm based out of Atlanta, Georgia. The firm represents national banks, credit card issuers, student loan issuers, debt buyers, and financial institutions.
It is considered a debt collector under the Fair Debt Collection Practices Act. Under the FDCPA, a debt collector is a person or a company that regularly collects past-due debts owed to others.
Why is Cooling and Winter Contacting Me?
If Cooling and Winter is contacting you, you most likely owe a debt to either a credit card company or a debt collector.
These debt collection calls and letters are very stressful because they are attempting to collect a debt and are either threatening to sue, in the process of suing you, or have already sued you.
What to do if they file a lawsuit against me?
If Cooling and Winter serves you, you need to promptly respond to the credit card or debt buyer lawsuit.
If you do not respond to the summons, Cooling and Winter will obtain may obtain a default judgment.
Can Cooling and Winter Garnish my Wages?
If a debt buyer or creditor retains a law firm, they have every intention to collect on a debt.
Armed with the judgment, the creditor can garnish your wages and bank accounts.
How can I stop a Cooling and Winter Wage or Bank Garnishment?
If you are being sued or garnished by a debt collector, contact Diwan Law immediately.
We have the knowledge and experience to defend you in every aspect of your case.
Diwan Law will assert all viable defenses you may have, file the appropriate motions, and negotiate with the creditor to prevent the creditor from garnishing you.
Conclusion
If Cooling and Winter is suing you for any amount of money, contact Diwan Law, the credit card defense attorney, to discuss your legal options. Call Diwan Law, 404-635-6883, for a free consultation.
About Diwan Law
Diwan Law is dedicated to getting our clients the best result possible.
Diwan Law represents clients facing:
- Debt buyer lawsuits (i.e. Midland Funding, Portfolio Recovery Associates, Asset Acceptance, Cavalry Portfolio Services, Unifund, etc.)
- Credit Card lawsuits
- Suits stemming from automobile repossession deficiencies, apartment leases, and other contract-related matters;
- Dormant judgment revival; and
- Garnishment actions on bank accounts or wages.
Diwan Law Handles Cases in:
Gwinnett County State Court; Dekalb County State Court; Cobb County State Court; Fulton County State Court; Henry County State Court; and most other state courts in Georgia.
Setting Aside a Default Judgment
If a creditor or debt collector has served you with a lawsuit and you do not file an answer within 45 days, you may be able to avoid a default judgment and have your day in court.
The following discussion summarizes Georgia’s policy of deciding cases based on the facts or “on the merits” rather than through default judgments.
Applicable Georgia Statutes
In Georgia, after service, the defendant typically has 30 days to respond to the complaint. If a defendant fails to file an answer within those 30 days, the case is deemed to be “in default.”
After those 30 days have passed, a defendant has an additional 15 days to automatically “open default,” without admitting to the plaintiff’s allegations, under O.C.G.A. § 9-11-55(a).
If a defendant still fails to respond after 45 days, then a defendant may still be able to “open default.” Along with paying court costs, filing an answer under oath, and stating a readiness to proceed to trial, the defendant must satisfy specific statutory requirements and preconditions under O.C.G.A. § 9-11-55(b):
“At any time before final judgment, the court, in its discretion, upon payment of costs, may allow the default to be opened [1] for providential cause preventing the filing of required pleadings or [2] for excusable neglect or [3] where the judge, from all the facts, shall determine that a proper case has been made for the default to be opened, on terms to be fixed by the court.”
Case Law
Providential cause typically covers events over which a party or lawyer lacked control over, including the illness of a litigant, see Phillips v. Taber, 83 Ga. 565(1889), or his lead counsel, Printup v. Mitchell, 19 Ga. 586 (1856); the death of a party, see Dougherty v. Fogle, 48 Ga. 615 (1873); the absence of an attorney due to military service, see Dalton City Co. v. Dalton Mfg. Co., 33 Ga. 243 (1862); and acts of God, see Carhart v. Ross, 15 Ga. 186 (1854).
The term “excusable neglect” refers to a ‘reasonable excuse’ for failing to answer a complaint, which is different from willful disregard of the process of the court. Ga. Farm Bldgs., Inc. v. Willard, 170 Ga. App. 327, (1984).
The “proper” case ground allows the court to reach “out in every conceivable case where injustice might result if the default were not opened,” Axelroad v. Preston, 232 Ga. 836 (1974).
All three grounds require that the defendant’s failure to file a timely answer must not have resulted from willful or gross negligence. See Muscogee Realty Dev. Corp. v. Jefferson Co., 252 Ga. 400 (1984).
What does this mean for defendants?
Even after 45 days have elapsed since being served, litigants may be able to open default and proceed to the merits of the case.
So, if you did not timely respond to a complaint resulting from debt, you might still be able to avoid judgment.
About Diwan Law
Diwan Law is a law firm dedicated to vigorously representing our clients.
Diwan Law represents debt collection cases in the Magistrate, State, and Superior Courts of Georgia.
Diwan Law represents clients facing:
- Debt buyer lawsuits (i.e. Midland Funding, Portfolio Recovery Associates, Asset Acceptance, Cavalry Portfolio Services, Unifund, etc.);
- Credit Card lawsuits (i.e. American Express, Citibank, Suntrust, etc.);
