Motion to Set Aside Default Judgment with Affidavit
(Eviction) (GA)

Summary

This motion to set aside default judgment with affidavit may be used by a corporate defendant/tenant in a dispossessory proceeding in Georgia to ask the court to set aside a default judgment in favor of the plaintiff/landlord because the defendant was not properly served with the summons for the action. This template contains practical guidance and drafting notes. The defendant in a dispossessory proceeding in Georgia must answer within seven days of service of the summons and related documents for the action upon the defendant. If the tenant fails to answer, the court will enter a default judgment against the defendant and issue a writ of possession ordering that the sheriff, the deputy, or the constable place the plaintiff in possession of the property. O.C.G.A. § 44-7-53(a). The defendant may challenge the default judgment on the grounds that the summons and related documents were not properly served on the defendant. The summons and related documents must be served in person on the defendant. If the foregoing is not possible, the summons and related documents must be served by posting a copy of those documents on the door of the premises and mailing them to the defendant's last known residence ("tack and mail" or "nail and mail"). See O.C.G.A. § 44-7-51(a). This template is for use when the service was made upon an employee of a corporate defendant who was not authorized to accept such service. For a full listing of key content regarding commercial and residential evictions in Georgia, see Eviction Resource Kit (GA). For a full listing of key content covering residential leasing agreements, see Residential Leasing Resource Kit. For further guidance see Commercial and Residential Eviction (GA).