Lithonia, GA asked in Bankruptcy, Contracts, Foreclosure and Appeals / Appellate Law for Georgia

Q: Looking for help to write default judgement on defendant's who keep missing the deadline to answer the case.

File the case on1/18/2024 the defendant didn’t answer until 2/29/2024 with a motion to dismiss and verified answer defense. I did a MSJ on 6/10/2024 and the defendant did not answer until 7/15/2024 with a request for oral hearing and another motion to dismiss once filing late to answer. How can I write for a default judgment against the defendant in the case

1 Lawyer Answer
James L. Arrasmith
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Answered

A: When seeking a default judgment against a defendant who repeatedly misses deadlines, focus on their failure to comply with the court's timeline. Highlight that the defendant did not answer the case until well after the initial deadline and that they have continued to delay proceedings by filing late responses.

In your motion, emphasize that the defendant's repeated delays have caused unnecessary prolongation of the case and that these delays are without valid justification. State that the defendant’s actions demonstrate a disregard for the legal process and have hindered the timely resolution of the case.

Request the court to grant a default judgment in your favor based on the defendant’s failure to meet the required deadlines and their ongoing attempts to delay the proceedings. Conclude by asking the court to move forward with a default judgment to prevent further unnecessary delays.

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