Default judgment

Say the court enters a default judgment (the court's final decision in your case) against you. You have 10 days to ask the court to cancel it. The court must agree if, after a hearing, it finds you meet the rule in J. P. Civ. R. 60(b). Then the court lets you and your landlord choose a trial before 1 judge or a jury.

If you miss that 5-day deadline, you lose the right to fight the case for any reason other than saying you already paid. The court then enters a default judgment (the court's final decision in your case) against you. This happens automatically because you missed the deadline, not because a judge reviewed your case. The court will also order a writ of possession (the paper that lets the sheriff remove you), with no further notice or hearing.

A Georgia tenant cannot appeal a default judgment (the court's final decision, entered because the tenant did not respond). A tenant who fails to respond to the eviction notice will not get a chance to undo it.

Suppose you do not appear and defend at the time the court sets. The court must enter your default (a ruling that you did not appear). It must then give the landlord the judgment (the court's final decision) the complaint asks for.

Small claims courts hear some eviction cases. There, you can ask to set aside a default judgment (a decision for the plaintiff when the defendant does not come to court). File a written request within 1 year after the judgment. You must show good cause.

The court cannot enter a default judgment (a ruling against you without a hearing) if you were never properly served with the court notice. If there was not enough time to serve you the right way, the court can set a new hearing date.

Go to court on your trial date even if you did not file an Answer, your written response to the case. If you do not go, you may lose automatically. The court can enter a judgment (the court's final decision in your case) against you without a trial.

If you do not come to the eviction hearing, the court must give the landlord a default judgment (a win without hearing from you). This applies when the landlord filed the required papers and the summons was properly issued and served. The landlord must also be otherwise entitled to a judgment under the law.

If the landlord won because you missed your court date, this is a default judgment (a decision made without you). You can ask the court to cancel it and let you defend the case. Use the court's DIY Form program to make the court papers you need.

Go to the trial. If you do not show up, the landlord wins by default. The court must mail you a copy of the default judgment (the court's decision against you) within 48 hours. If you missed the trial for a very good reason, you can ask for a new trial in justice court. File a motion to set aside the default judgment within 5 days of the day the court sends the judgment.

Say you get notice of a hearing in an eviction case and do not appear. The court must issue an order of restitution (an order to give the home back to the landlord). It must also enter a default judgment (a decision against you because you did not appear). The court does not have to if it makes a finding for why it should not. Then a sheriff or constable must return possession to the landlord immediately.

At the time of the hearing, the tenant may have made no appearance and filed no answer or other responsive pleading (a written reply). The court must then order immediate possession of the property to the landlord.

If you do not come to court after proper service of a summons, the circuit court tries the eviction case as though you were there. The person who brought the case must file a complaint and prove it. If it is not proven, the case is dismissed.