Default judgement

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hayleesmommy07

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I got served some court papers about a month ago from a bill collector wanting money. I called them and told them i was unemployed and was not able to pay it. WEll, i just got a Statement of CLaim in the mail from the court. I want to know what's going to happen? If i can't pay, will i go to jail? I have no bank account or anything. the paper says:

The within case having become in default by the failure of the defendant to file an amswer or other denfensice pleadings, fifteen days has elapsed from the date of said default, and the same not having been opened as a matter of right or otherwise;

IT IS ORDERED AND ADJUDGED that CBA of GA do have and recover of me the sum of ...as principal, ...as attorney fees, together with future intrest on said principal as provided by law O.C.G.A 7-4-12 and accrued court costs of ..., and future cost if any.

SO ORDERED this 25th day of September

So, can anyone PLEASE tell me what's going to happen and what i need to do, b/c i cannot pay this right now. I'm really scared and i don't wanna go to jail b/c i can't pay it.
 
Don't worry about going to jail. That is a civil judgment. All they can do is garnish pay (which you don't have, attach property (like your house), or garnish bank accounts. You can not go to jail for owing money. You will be ok.

If they attach your house, they will take their money when you sell the house. Don't let a bill collector make you think you are going to jail.
 
You should have appeared in court even if you can't pay.

Depending on how old the debt is you may have even been able to avoid the judgment, but your no-show worked against you.
 
You generally have 30 days to file appeal. If you don't agree with the judgment and want to have your time in court over this then you can look in to that.
If this is an old debt that you have not made any payments on for a couple years then fine out what the statute of limitations is in your state. If it is past the limit then go to court and argue that the limit has passed and the judgment should not be entered. You are still responsible for the debt, and they can continue to contact you to collect, but won't be able to take anything from you.
Once you make a payment the time limit on the statute of limitations starts all over again.
 
Default judgments are not appeallable. Your issues were not heard on the merits and therefore appeal is not a remedy to you. You are stuck with dealing with this judgment.
 
jharris352 said:
Default judgments are not appeallable. Your issues were not heard on the merits and therefore appeal is not a remedy to you. You are stuck with dealing with this judgment.
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Default judgments are "appealable" with an order to show cause. In a default situation, the case is heard via an "inquest" and, if sufficient evidence is present and service seems to have been effectuated, that is sufficient for a judgment. In order to "appeal" them and have your day in court, you generally need to show two things:

(1) You were never served or not served properly, and
(2) If you were, you'd have some valid defense that might change the outcome of the case.

As NYShark put it, you're almost certainly not going to jail for not paying this debt but it doesn't look like it matters to repoen this matter as you probably surmise.
 
Default judgments are "appealable" with an order to show cause. -Thelawprofessor.
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Ah so, Great Professor of law. I have two items to point out. First of all the OP in question admitted she was served; therefore failure of service is not an issue.

I got served some court papers about a month ago from a bill collector wanting money.
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Secondly, Mr. Moose stated that:

You generally have 30 days to file appeal. If you don't agree with the judgment and want to have your time in court over this then you can look in to that.
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So I replied that:

Default judgments are not appeallable. Your issues were not heard on the merits and therefore appeal is not a remedy to you. You are stuck with dealing with this judgment.
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Which, because of Mr. Moose's "Notice of Appeal" comment was a reference to the Appellate or Supreme Court of Georgia. Thus Default Judgments are not Appeallable under Title 5.

In the extraordinary event of failure of service, the court has the power generally to set aside it's verdict, I believe that is an Equity Power for showing of good cause. The authority to open a case in Law is limited until a final Judgment is entered.

So technically speaking we are both right. Default Judgments are not Appeallable. They may be reopened by right within 15 days of default, by discretion any time prior to a final Judgment, and a Court of Equity may set aside the Judgment on showing of good cause. O.C.G.A. 9-11-55.

Do I get a passing grade?
 
jharris352 said:
Ah so, Great Professor of law. I have two items to point out. First of all the OP in question admitted she was served; therefore failure of service is not an issue.
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Being served doesn't mean that the service was proper. Something material on the summons could have been wrong amongst other circumstances that may have led the defendant to be a no show in court. This area is not always easy to determine as being satisfied from a forum conversation. Moreso, if there is a real valid defense, it's easier for a judge to find a reason to reopen since courts (and people in general) don't care to have an injustice on their hands as a result of a technicality. If there is some give in the service area, a judge might be able to find a way to make it happen.

That said, if a defendant concedes "there really isn't anything to talk about, I have no defense, I just don't care to have a judgment against me" then it's a done deal. Order, appeal, whatever - a court won't have patience for this kind of nonsense and waste even more time on a matter that everyone concedes is the appropriate outcome. That's where I'm coming from.
 
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