Legal Question in Wills and Trusts in Georgia

How can a lawyer in Georgia file a motion for a default judgment with out ever serving me?


Asked on 5/13/15, 7:32 pm

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Easy - the lawyer just has to file it with the court and not send a copy to you. Is this the question you wanted to ask? It is not very helpful. Why didn't you answer before the motion was filed? If you have a judgment against you and you are taking the position that you never got the documents, it is time for a lawyer to try to unravel it.

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Answered on 5/14/15, 4:54 am

How do you know you were not served? I have had lots of clients with judgments who tell me they were not served when they were. Service just has to be made on any person. It can be at an old address or even a wrong address. If a person accepts the papers and does not tell you, you have been served. A creditor can also get service by publication.

I agree with Attorney Riddle but you first need to go to the courthouse in the county where the lawsuit was filed and make a copy of the complete summons and complaint, including any return of service by the process server or sheriff or a court order. Make a copy of the motion for default too. Then go see a local lawyer about this. It may be that you can oppose the default because there was not proper service. Now quit posting and start acting!

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Answered on 5/14/15, 8:20 pm


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