Litigation assumes both sides will participate. When a defendant is properly served and does nothing ‚no answer, no motion, no appearance ‚Georgia law does not leave the plaintiff waiting indefinitely. O.C.G.A. 9-11-55 provides a structured path to default judgment, and the procedures are strict. Equally strict are the rules for a defendant who wants to undo one. Understanding both sides is essential for plaintiffs seeking to lock in judgments and defendants seeking to escape them.
How Default Is Established
Under 9-11-55(a), default arises when a party fails to plead or otherwise defend and that failure is noted by the clerk upon the record. In practice, default is established automatically when a defendant fails to answer within the required period ‚30 days after service under O.C.G.A. 9-11-12(a), or 30 days after a waiver of service is acknowledged. The failure to answer is itself the triggering event; no separate motion is required.
Before seeking a default judgment, the plaintiff must file a certificate of default confirming the date and type of service and the defendant’s failure to respond. Without that certificate, the judgment may be vulnerable to challenge on procedural grounds.
Getting the Judgment
For a liquidated sum ‚a fixed, determinable amount established by contract, note, or account ‚the clerk may enter judgment for that amount plus interest and costs without a hearing. For unliquidated damages ‚personal injury, fraud, or other claims where the amount must be proved ‚the court must conduct a hearing on damages even when liability is established by default. The default establishes liability; it does not supply the proof of damages. A plaintiff who skips the damages hearing and obtains an unliquidated default judgment without evidentiary support risks having it set aside.
The 15-Day As-of-Right Window
Under 9-11-55(a), a defendant may open a default as a matter of right within 15 days of the day the default is entered, simply by filing the required defensive pleading and paying costs. No explanation is required. No meritorious defense showing is needed. The right is absolute within that window. After it closes, the rules change substantially.
Opening Default After 15 Days: The Four-Part Showing
After the 15-day period expires but before final judgment is entered, a defendant may move to open the default under 9-11-55(b). The statutory grounds are providential cause preventing filing, excusable neglect, or that a proper case has otherwise been made. Whatever the ground, the motion must satisfy four mandatory elements: it must be made under oath; it must set up a meritorious defense; it must offer to plead instanter ‚ presenting the proposed defensive pleading at the time of the motion; and it must announce that the defendant is ready to proceed to trial.
All four elements are required. A motion that meets three of the four fails. Courts have strictly enforced this ‚a service-of-process challenge does not constitute a meritorious defense because it does not go to the merits of the plaintiff’s claim. The meritorious defense element requires the defendant to identify a specific, factually supported defense that, if believed, would constitute a valid defense to the claim. A conclusory assertion that the defendant did not owe the money is insufficient; the motion must describe the defense and the facts that support it.
Setting Aside a Final Default Judgment
Once final judgment is entered, 9-11-55(b) no longer applies. The defendant must proceed under O.C.G.A. 9-11-60(d), which permits a court to set aside a judgment for: lack of jurisdiction over the person or subject matter; fraud, accident, or mistake unmixed with the negligence or fault of the movant; or a nonamendable defect appearing on the face of the record. Excusable neglect is not a ground under 9-11-60(d) ‚it is available only before final judgment under 9-11-55(b). A defendant who points to excusable neglect after entry of final judgment is pursuing a ground that does not exist at that stage.
The distinction between the two stages is critical. A defendant who misses the 9-11-55(b) window and seeks relief under 9-11-60 faces significantly narrower grounds and a harder path to reopening the case.
Damages Limitations
A default establishes liability, not damages. A plaintiff is entitled to recover only what the complaint claims and what the evidence supports at the damages hearing. Georgia’s default does not admit unliquidated damages ‚those must be proved. A plaintiff who pleads general damages but seeks a specific dollar figure at the hearing that is inconsistent with the pleadings may face resistance from the court.
Practical Notes
For plaintiffs, securing the default certificate promptly and scheduling the damages hearing quickly limits the defendant’s window to cure. For defendants, the moment default is noted starts the 15-day clock. Missing that window converts an easy fix ‚pay costs and file an answer ‚ into a four-part sworn showing. Consulting counsel the moment a filing deadline appears in jeopardy, rather than after the judgment is entered, is the correct sequence.
Disclaimer
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not intended to serve as legal advice. While I am a paralegal, I am not a licensed attorney, and the content shared here should not be construed as such.
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