How do I set aside a default judgment in Georgia?

1. Governing Rule. O.C.G.A. § 9-11-55 governs defaults; § 9-11-55(b) governs opening defaults before final judgment; O.C.G.A. § 9-11-60 governs motions to set aside, vacate, or modify judgments.

2. Grounds. § 9-11-55(b): providential cause preventing filing, excusable neglect, or a 'proper case' has been made. § 9-11-60(d): (1) lack of jurisdiction of person or subject matter, (2) fraud, accident, or mistake (or acts of the adverse party unmixed with the movant's negligence), (3) nonamendable defect appearing on the face of the record or pleadings.

3. Deadline. § 9-11-55(a): default is automatic 30 days after service; defendant may open as of right within 15 days after default by paying costs. § 9-11-55(b): any time before final judgment on payment of costs and meeting one of the three grounds. § 9-11-60(f): three years from entry for most grounds; void judgments may be attacked at any time.

4. Mandatory vs Discretionary. Opening as of right within 15 days is mandatory upon payment of costs. Opening under the three statutory grounds is discretionary.

5. Required Showing. Verified answer + meritorious defense + payment of accrued costs + announcement of ready for trial.

6. Filing Procedure. File motion to open default + verified answer + pay costs + announce ready for trial; serve all parties.

7. Bond / Conditions. Payment of court costs is a statutory prerequisite under § 9-11-55(b).

8. Appeal of Denial. Denial of a motion to set aside under § 9-11-60 requires an application for discretionary appeal under O.C.G.A. § 5-6-35(a)(8).

9. Collateral Attack. Void judgments (lack of jurisdiction) may be attacked at any time, including collaterally.

This is legal information, not legal advice.