Asked in Contracts for Georgia

Q: I asked to file a motion to compel all responses instead of default judgement when writing interrogatories to defendant

Defendant filed to respond. Can I ask for default judgement?

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1 Lawyer Answer
Anitra Walker
Anitra Walker
  • Atlanta, GA
  • Licensed in Georgia

A: From your question, it sounds as if you have filed a lawsuit against another party and have served them with interrogatories but they have not responded, and you are now inquiring as to whether you can ask for a default judgment. Generally, a default judgment is granted to the plaintiff when the defendant fails to file an answer to the complaint (or statement of claim, as is the case in small claims actions). Are you the plaintiff? If the other party is the defendant, did they file an answer to your complaint? A motion to compel can be filed when the other party has not responded to your interrogatories or other discovery requests after a good faith effort to resolve the matter. Litigation can be complex, and it is best to have an attorney represent you in this matter.

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