Georgia Magistrate Court Default Judgment: How Defendants Can Fight Back

A default judgment in Georgia Magistrate Court means the plaintiff won without a trial — because you didn't file an Answer within 30 days. It's not the end of the road, but the longer you wait, the harder the options get. Georgia law provides three windows for relief, each with different requirements.

Window 1: The 15-Day Automatic Cure (Days 31–45)

If your 30-day deadline just passed, you still have a statutory right to reopen the default under O.C.G.A. § 15-10-43(e). Between Day 31 and Day 45 after service, you can file your Answer and pay all accrued court costs to the clerk in the same visit.

Costs typically range from $50 to $111 depending on the county — Emanuel County charges $104, while some urban counties are lower. Both steps must happen together. Filing the Answer without paying the costs doesn't reopen anything.

This 15-day window is not discretionary. If you file and pay within it, the default opens automatically and the case goes to a hearing. No judge needs to approve it.

Window 2: Motion to Open Default (Day 46+)

Once 45 days have passed without a filed Answer and paid costs, the automatic cure expires. Now you need a judge's permission.

File a formal Motion to Open Default under O.C.G.A. § 15-10-43(f). This motion must:

• Be in writing and under oath
• Show "providential cause," excusable neglect, or a "proper case" for why you missed the deadline
• Include payment of all accrued court costs
• State that you're ready to answer immediately and proceed to trial on a meritorious defense

"Excusable neglect" means something beyond simple forgetfulness. Hospitalization, a genuine misunderstanding about the service date, or a natural disaster closing the courthouse carry more weight than "I was busy" or "I didn't think it was serious."

Window 3: Motion to Vacate After Judgment

If a final default judgment has already been entered — meaning the plaintiff now has an enforceable money order — you can file a Motion to Vacate under O.C.G.A. § 15-10-43(g).

The grounds for vacating include:

• Defective service — if you were never properly served (wrong person, wrong address, service by mail in an ordinary civil case), the judgment is void. A motion to set aside a void judgment can be filed at any time under O.C.G.A. § 9-11-60(f).
• Fraud, accident, or mistake — procedural defects that weren't caused by your own negligence.

Filing this motion doesn't automatically stop the plaintiff from enforcing the judgment. Bank garnishments and property liens can proceed while the court considers your motion. If you need enforcement paused, file a separate request for a stay of execution.

Liquidated vs. Unliquidated: It Matters

Not every default judgment gets entered automatically. If the plaintiff's claim involves a fixed dollar amount from a written contract or invoice (liquidated damages), the clerk can enter the judgment without a hearing.

But if the plaintiff is claiming damages that need to be assessed — repair costs, property damage, conversion — the court must schedule an unliquidated damages hearing. Even in default, you have the right to appear at this hearing, present evidence, cross-examine the plaintiff's witnesses, and challenge the dollar amount. Liability is already established, but the amount is still open.

What Enforcement Looks Like

A default judgment in Georgia Magistrate Court is a real judgment. The plaintiff can:

• Record a Writ of Fieri Facias (Fi. Fa.) on the county lien docket, creating a lien on your property
• Garnish your bank account or wages under O.C.G.A. Title 18, Chapter 4
• Serve post-judgment interrogatories forcing you to disclose your income, accounts, and assets

The judgment is also a public record. Court clerks maintain the docket but don't report directly to credit bureaus — however, the lien record can be picked up by credit reporting agencies.

If you're dealing with a missed deadline or an entered default judgment, the Georgia response guide covers the complete default cure and hearing timeline with step-by-step worksheets.

See more Georgia guides →