[GA] Can you refile a motion for default judgment after the court denies it for missing military status paperwork?

GA Legal (General)

Liz

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Yes, you can refile the default with the proper paperwork. Before a court can enter a default judgment against a defendant who has not appeared, federal law requires the plaintiff to file an affidavit stating whether the defendant is in military service, along with facts supporting that statement (50 U.S.C. § 3931). In Georgia magistrate court, default judgments are governed by O.C.G.A. § 15-10-43.

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Can I re-file a Default Judgement?

Lexi, Chatbot

I understand that dealing with a default judgment can be stressful. Have you already attempted to resolve the issue or communicate with the opposing party?

No.

Lexi, Chatbot

What specific reasons do you have for wanting to re-file the default judgment?

They denied the default judgment due to my small mistake of not completing the section stating whether he is an individual or not, and they stated, "the status report for the defendant is not attached."

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your default judgment issue.

No.

Liz

Hi there! Welcome to our service. My name is Liz, I've been an attorney for more than a decade, and I am here to assist with your legal concerns. Just so you are aware, our service is a legal information-only site. No attorney-client relationship is formed from our conversation. So I can best help, in what state are you filing?

Georgia.

Liz

Thank you for sharing that. Did the other side file anything while the default was denied?

It was denied a couple of days ago, so no, and I doubt they will file anything.

Liz

Got it, thanks for letting me know. Are you in small claims or general civil?

Small claims.

Liz

Oh great, that can often be a simpler process, which usually allows you to submit an amended request for the default with the information they requested.

It says I can "refile the motion after the Defendant's military service has verified or upon compliance with the requirements under the SCRA."

Liz

Have you confirmed it? The SCRA is a law that just delays all court cases for military members.

I filled out the paper that came with the default judgment that states whether or not he is in the military, and he's definitely not, but I assume they need a status report also, which could be an affidavit of military service.

The paper says the status report is attached, but I failed to get the status report from the SCRA website when I filled out the default judgment at the time.

Liz

They do usually want a report. It comes from the DoD: https://dwp.dmdc.osd.mil/dwp/app/status-finder

I assume they want a physical status report stating he's not in the military from the SCRA website, which I can get sent through email and/or physical mail.

I just want to know if I can refile a default judgment with the requested papers.

Liz

I didn't read the paperwork very clearly since I'm new to this and I've never done it. I will definitely get the affidavit requested from the SCRA website and refile.

Liz

Wonderful. How else can I assist?

What does "refile the motion" mean?

Liz

It means you submit the motion for default again to the court with the SCRA paperwork.

So I can go to the magistrate court and they will let me refile a default judgment with the requested paperwork? Or do I have to file a motion, appeal, or something similar?

Liz

You can refile the default. You shouldn't need an appeal or anything like that unless the entire case was dismissed.

The order was denied, but I have the option to refile the motion, and it will stay on their docket until I go and redo it.

Liz

Perfect, so you shouldn't need any appeal or anything special in that case.

If the defendant is not a citizen of the United States, do they still need a status record of whether they're in military service or not?

Liz

Are they a green card holder?

He's on a work visa.

Liz

You would usually still do the status report, since you may not have documentation of his immigration status.

I just read the procedures for default judgment, and a military service search affidavit is required. Should I get an emailed version and a physical copy in the mail just to be safe?

Liz

Yes, getting both an emailed version and a physical copy is a good idea. This way, you have a backup in case one is misplaced or not accepted. It's always better to be over-prepared in these situations.

If I refile the default judgment and they approve my case, do I have to make the next move? I want to garnish his wages since he's the reason mine were garnished for a couple of months.

Liz

You will have to make all moves. After the default order is done, you would then have to apply for garnishment.

Apply for garnishment through the courts? I would have to get his payroll info too, right?

Liz

Yes, you would apply for garnishment through the courts. You'll need to provide the court with his payroll information to proceed with garnishing his wages. If you don't have this information, you might need to do some research or request a subpoena.

I did share a bank account with him when we were together; however, he moved all his money to another account when we broke up. I have no idea what his payroll information is. I could get the information, but it has to be in a legal way, and I don't know how to do that.

Liz

You can request the court to issue a subpoena for his payroll information. The IRS, for example, would have it.

What does a subpoena consist of?

Liz

A subpoena is a legal document that orders someone to provide evidence or testify in a legal proceeding. In your case, it would be used to obtain his payroll information legally. You would request the court to issue it, usually through the clerk of the court.

So when they get the payroll info from him, it would start garnishing his wages?

Liz

Once you have the payroll information, you would then file for a wage garnishment order with the court. If the court approves it, they will send the garnishment order to his employer, who will then start deducting the specified amount from his wages and sending it to you or the court, depending on the arrangement.

So after they approve the default judgment, I go and request a subpoena for payroll information, and then when that goes through, I file a wage garnishment order?

Liz

That's right.

Okay, thank you for your help!

Liz

You're very welcome! If you have any other questions, feel free to ask. Don't hesitate to reach out whenever you need assistance!

Will do!

One more question: do I have to wait to refile a default judgment, or can I do it ASAP?

Liz

You could file now.

Thank you!

Liz

You're welcome.

Liz

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