Legal Question in Civil Litigation in Georgia
I was brought to court for non payment. At court an agreement was made that if I defaulted I would pay a certain amount less any payments made since the date of the agreement and up to move out date.two months shy of completing the agreement i defaulted. I moved and with no notice the plaintiff got a default judgement for the entire amount. I was not even asked to come to court to show payments made since agreement. Now I'm being garnished for entire amount. Motion 2 vacate denied. Filed a traverse and a second motion to vacate. Is this legal. Was i supposed to get notice for court to show any payments made before default judgement.
2 Answers from Attorneys
My suggestion is to file a lawsuit for the amount that was in excess and request attorney fees if you are required to pay for the assistance of a lawyer. Remember, if the amount in controversy is less than $15,000.00 you will likely proceed in Magistrate Court. It is a faster and less expensive option to resolve a dispute.
For additional resources for legal questions, feel free to visit: www.rousecolaw.com
The firm specializes in serious personal injury, criminal defense and bankruptcy related claims.
Best of luck,
A default means you did not show up to defend the case, so no you don't get additional notices when you decide to not show up. That was your chance to defend the claim or amount of damages. You provide no actual information about the amount at issue, whether or not you have now paid more than the judgment amount (plus interest and possibly fees), or even what the case was about ("I was brought to court for nonpayment" tell us almost nothing). You might get a better response if you posted with the basic facts.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
