Opening a Georgia default: fifteen days as of right, then a four-part showing

Georgia does something almost no other state does: it lets a defaulting defendant undo the default as a matter of right, with no discretion involved, if it moves fast enough.

Fifteen days. After that the door does not close, but the standard changes completely — and the statute then requires four separate things in the same motion.

The default happens by itself

O.C.G.A. § 9-11-55(a) starts by making default automatic:

If in any case an answer has not been filed within the time required by this chapter, the case shall automatically become in default unless the time for filing the answer has been extended as provided by law. The default may be opened as a matter of right by the filing of such defenses within 15 days of the day of default, upon the payment of costs.

Two mechanisms in three sentences. The case goes into default automatically — no motion by the plaintiff, no order. And the defendant gets fifteen days to undo it as a matter of right.

The two conditions on that right are exact:

• file the defenses — not a motion asking permission, the actual defensive pleadings; and
• pay the costs.

Do both inside fifteen days and the default is open. The court has no discretion to refuse.

After fifteen days, judgment follows — with exceptions

The same subsection continues:

If the case is still in default after the expiration of the period of 15 days, the plaintiff at any time thereafter shall be entitled to verdict and judgment by default, in open court or in chambers, as if every item and paragraph of the complaint or other original pleading were supported by proper evidence, without the intervention of a jury, unless the action is one ex delicto or involves unliquidated damages, in which event the plaintiff shall be required to introduce evidence and establish the amount of damages before the court without a jury, with the right of the defendant to introduce evidence as to damages and the right of either to move for a new trial in respect of such damages; provided, however, in the event a defendant, though in default, has placed damages in issue by filing a pleading raising such issue, either party shall be entitled, upon demand, to a jury trial of the issue as to damages. An action based upon open account shall not be considered one for unliquidated damages within the meaning of this Code section.

The liability allegations are taken as proved. But damages are not automatic in two situations:

And note the last proviso: a defendant who is in default but has filed a pleading placing damages in issue can demand a jury trial on damages. Being in default does not necessarily mean losing the damages hearing as well.

Opening the default after fifteen days

§ 9-11-55(b) is available much later — but it asks for a great deal more:

At any time before final judgment, the court, in its discretion, upon payment of costs, may allow the default to be opened for providential cause preventing the filing of required pleadings or for excusable neglect or where the judge, from all the facts, shall determine that a proper case has been made for the default to be opened, on terms to be fixed by the court. In order to allow the default to be thus opened, the showing shall be made under oath, shall set up a meritorious defense, shall offer to plead instanter, and shall announce ready to proceed with the trial.

Three grounds, any one of which will do:

• providential cause preventing the filing;
• excusable neglect; or
• the judge determines from all the facts that a proper case has been made.

Four requirements, all of which must be met — and this is where motions fail:

1. the showing must be made under oath;
2. it must set up a meritorious defense;
3. it must offer to plead instanter; and
4. it must announce ready to proceed with the trial.

Items 3 and 4 are unusual and are frequently left out. A motion that explains the neglect and attaches a defense, but never offers to plead instanter or announces readiness for trial, does not comply with the statute's own terms. Costs must also be paid.

The outer limit is "at any time before final judgment" — so this route closes when judgment is entered, not fifteen days after default.

After judgment: a different statute entirely

Once final judgment is entered, § 9-11-55(b) is spent and you are into O.C.G.A. § 9-11-60.

Subsection (d) sets the grounds for a motion to set aside:

A motion to set aside may be brought to set aside a judgment based upon:

(1) Lack of jurisdiction over the person or the subject matter; (2) Fraud, accident, or mistake or the acts of the adverse party unmixed with the negligence or fault of the movant; or (3) A nonamendable defect which appears upon the face of the record or pleadings. Under this paragraph, it is not sufficient that the complaint or other pleading fails to state a claim upon which relief can be granted, but the pleadings must affirmatively show no claim in fact existed.

Ground (2) contains a phrase worth pausing on — "unmixed with the negligence or fault of the movant." If your own carelessness contributed, this ground is not available.

Ground (3) sets a very high bar: failing to state a claim is expressly not enough; the pleadings must affirmatively show no claim in fact existed.

Subsection (f) supplies the deadlines:

A judgment void because of lack of jurisdiction of the person or subject matter may be attacked at any time. Motions for new trial must be brought within the time prescribed by law. In all other instances, all motions to set aside judgments shall be brought within three years from entry of the judgment complained of.

Three years generally; no limit for want of jurisdiction over the person or subject matter.

Two more constraints from § 9-11-60: motions to set aside may be brought "only in the court of rendition" under (b), and under (e) "The use of a complaint in equity to set aside a judgment is prohibited." A judgment void on its face, however, "may be attacked in any court by any person" under (a).

How Georgia compares

A short checklist

1. Work out the day of default — it happens automatically when the answer is late, without any filing by the plaintiff.
2. If you are inside fifteen days, file the defenses and pay the costs. No motion, no discretion, no explanation required.
3. If you are past fifteen days but before final judgment, use § 9-11-55(b) — and put all four elements in: sworn showing, meritorious defense, offer to plead instanter, announcement of readiness for trial.
4. Pay the costs either way. Both subsections condition relief on it.
5. If the case is a tort case or the damages are unliquidated, the plaintiff still has to prove the amount — and you may put on evidence about damages.
6. If you have pleaded on damages, consider demanding a jury on that issue.
7. After final judgment, move under § 9-11-60(d) — and check whether the three-year limit applies or whether the judgment is attackable at any time for want of jurisdiction.
8. Remember an open account is not "unliquidated" for this purpose.

Where these rules live

• O.C.G.A. § 9-11-12 — Defenses and objections
• O.C.G.A. § 9-11-55 — Default judgment
• O.C.G.A. § 9-11-60 — Relief from judgments

This page explains what the statute says. It isn't legal advice, and what counts as providential cause or a meritorious defense under § 9-11-55(b) is developed in case law this site doesn't cover.