Default Judgment

[CareBear12]

What is the name of your state (only U.S. law)? Georgia

Question....I recently was awarded a default judgment since the defendant did not respond to my suit. Now he is apparently trying to "appeal" the default judgment. From my understand it is not really an appeal, more of a motion to request that the judge vacate the default judgment and then if the judge grants his request, there would be a new date set for us to hatch this out in court? He did not respond because he was lazy and thought he is above the law. I even reminded him at least twice to respond when he was served via text message and had 45 days to respond but he failed to do so. One of those text messages he even said, he had not responded but would do so because he didn't want to be thrown in jail in which I told him he couldn't go to jail for not responding.

So what are the chances that the judge will vacate the default judgment? Just reading online it seems like he must have a really good excuse, such as being in jail, in the hospital, deployed, etc.

Any help or advice is much appreciated!

 

[Zigner]

What is the name of your state (only U.S. law)? Georgia

Question....I recently was awarded a default judgment since the defendant did not respond to my suit. Now he is apparently trying to "appeal" the default judgment. From my understand it is not really an appeal, more of a motion to request that the judge vacate the default judgment and then if the judge grants his request, there would be a new date set for us to hatch this out in court? He did not respond because he was lazy and thought he is above the law. I even reminded him at least twice to respond when he was served via text message and had 45 days to respond but he failed to do so. One of those text messages he even said, he had not responded but would do so because he didn't want to be thrown in jail in which I told him he couldn't go to jail for not responding.

So what are the chances that the judge will vacate the default judgment? Just reading online it seems like he must have a really good excuse, such as being in jail, in the hospital, deployed, etc.

Any help or advice is much appreciated!

50/50, more or less.
Realistically, there's no way we can predict. But I *will* say that the court generally prefers a matter to be decided on its merits and not due to a default.