Letter Format and Sue twice?

[Jeff_488]

State: Georgia

1). I am suing someone, their time will be up next week, they have not filed an answer. I am told that I will need to write the judge a letter asking for default judgement.

What format and wording is used for this letter?


2). This is a contract dispute, if something else is found later, can I sue again?

Thank you for any help/input.

 

[JenniferH]

I am not in GA, but generally all states are similar.

First, you can only sue once on a debt, you must be all inclusive the first time.

Second, a default judgment is a type of judgment where the defendant was properly served but fails to reply or show up to the court date.

And who said you can write in asking for a default judgment? I have never heard of this. Most of the time you must show in court if the def. doesn't show and hasn't replied to the action, then the judge gives you a default judgment.

 

[JETX]

I agree with Jennifer's comments, and add the following:

I believe you may be confused about having to write to request a default judgment. In most cases, you would simply contact the court after the expiration of the allowed 'answer' time and just request a trial date. They will then set a date for your appearance. Normally, the court will then simply confirm your basis for the suit (and the amount claimed), verify that the defendant was 'noticed' and then award you with a default judgment.