Georgia Small Claims Default Judgment: What Happens When the Defendant Doesn't Respond

The 30-Day Answer Window

After an authorized process server serves the defendant, they have exactly 30 calendar days to file a written or oral Answer with the Magistrate Court Clerk (O.C.G.A. § 15-10-43(b)).

The clock starts the day after service. If day 30 falls on a Saturday, Sunday, or county holiday, the deadline extends to 5:00 PM on the next business day.

Days 31–45: The Default Opening Grace Period

Georgia gives the defendant a second chance. Under O.C.G.A. § 15-10-43(e), the defendant can still open the default as a matter of right during days 31 through 45 after service by:

1. Filing an Answer
2. Paying all accrued court costs

The late fee varies by county. Emanuel County, for example, charges $104 to open a default. Once the defendant opens default during this window, the case proceeds to a hearing as if the Answer had been timely.

After Day 45: Applying for Default Judgment

If the defendant has neither answered nor opened the default by day 45, you can file for a default judgment. What happens next depends on the type of claim.

Liquidated (fixed-dollar) claims. If you're suing for a specific amount backed by a written contract, account statement, or verified account — like a $3,000 unpaid invoice — the magistrate judge can enter a final default judgment on your written motion alone. No hearing required.

Unliquidated claims. If the damages aren't fixed — property damage where the repair cost is disputed, or a tort claim — the court schedules a default hearing. You'll present evidence to prove the exact dollar amount. The defendant has already lost on liability (by defaulting), but you still need to establish what the damages are worth.

The SCRA Wrinkle

Before the court can enter a default judgment, it needs your SCRA Military Affidavit reporting whether the defendant is on active military duty. If the defendant is an active-duty service member, the Servicemembers Civil Relief Act provides protections that may prevent or delay a default judgment. This is why the military affidavit is a mandatory filing document — not optional paperwork.

What a Default Judgment Gets You

A default judgment is a real judgment, legally binding and enforceable the same way as one entered after a full trial. After the 30-day appeal window expires, you can pursue:

• Recording a Writ of Fieri Facias (fi. fa.) as a lien against the debtor's property
• Bank account garnishment
• Wage garnishment (up to 25% of disposable earnings)

Can a Default Judgment Be Appealed?

Not in the normal way. Under O.C.G.A. § 15-10-41(b)(2), default judgments cannot go through the standard de novo review process. The defendant's options are limited to filing a motion to set aside the default (arguing a legal error or excusable neglect) or challenging specific procedural defects.

Tracking the Deadlines

Miscounting days is a real risk, especially with the split between the 30-day answer window and the 15-day grace period. Mark both dates the day the Return of Service comes back from the sheriff.

The Georgia Small Claims Filing Guide includes a service tracking calendar that calculates the answer deadline, default opening window, and default judgment filing date automatically.

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