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The Personal Injury Attorney's Blueprint for Filing a Motion for Default in Georgia

If a defendant fails to file an answer after you file a complaint for personal injuries, you may be entitled to a default judgment in Georgia. But, drafting the motion can be complicated, even for an accident attorney. Instead, simplify the process by downloading our free motion for default judgment template.

Our template is designed for accident and personal injury cases. It contains what auto accident attorneys need under Georgia law to get a default judgment after a car wreck, dog bite, slip and fall, or other accident.

What is a Default Judgement?

A default judgment, in a personal injury case, generally means the plaintiff wins on liability. All allegations are taken as true about who is at-fault. However, you must prove damages (liquidated and unliquidated) with evidence. The only issue left is determining the plaintiff's damages.

Why a Motion for Default is Crucial

Filing a timely and well-crafted Motion for Default can get a settlement or judgment faster. Understanding O.C.G.A. § 9-11-55 is essential for every personal injury lawyer and paralegal in Georgia.

How to Obtain a Default Judgement in a Georgia Injury Case?

If an at-fault defendant does not answer a personal injury complaint within 30 days, they are automatically in default. Yet, a defendant in default can open default within 15 days. The defendant can do this by:

  • Filing a motion to open default under oath;
  • Paying accrued costs;
  • Filing a meritorious defense to the action;
  • Offering to plead instanter; and
  • Announcing ready to proceed with trial.

See Georgia Hwy. Express Co. v. Do-All Chem. Co., 118 Ga. App. 736 (1968) and Potts v. Smith Grain Co., 99 Ga. App. 270 (1959)

How Does a Georgia Accident Attorney Get a Default Judgement?

There is a simple, yet technical process for a car accident lawyer in Georgia to get a default judgment:

  • Ensure proper service
  • Be mindful of 30 and 45-day deadlines
  • Precise, compliant motion language
  • Court may hold hearing before ruling.

Don’t let delays slow getting default judgments and resolving your client’s case. Our template makes drafting the paperwork quickly andaccurately simple. Just click below, enter your email and we'll send the pdf right away.












COMES NOW, Plaintiff in the above-styled civil action and moves this court for entry of default judgment against Defendant Robert Smith for failure to file a timely answer pursuant to O.C.G.A. § 9-11-55 and shows the court as follows:

  1. This case arises from a motor vehicle collision that occurred June 5, 2021.
  2. The expiration of the applicable statutory period of limitation is/was Monday, June 5, 2023.
  3. On July 13, 2022, and within the applicable statutory period, Plaintiff filed suit against
  4. Defendant in the above-styled Court for causing the above-listed collision and for causing bodily injury to the Plaintiff.
  5. On August 6, 2022, Jermaine Garrett was served with the Summons, Complaint, Plaintiff’s
  6. First Request for Admissions, Interrogatories, and Request for Production of Documents.
  7. On August 4, 2022, the Affidavit of Service was filed with the clerk of the court.
  8. Pursuant to Georgia law, the Defendant’s answer was due on Monday, September 3, 2022.
  9. The 15-day grace period to open the default as a matter of right expired on Monday, September 18, 2022.
  10. As of the present date, there has been no answer filed by the Defendant nor has Defendant answered Plaintiff’s first Request for Admissions.
  11. As of the present date, the Defendant has not attacked service upon themself, and such service is presumptively proper. Woods v. Congress Fin. Corp., 149 Ga. App. 156 (1979).
  12. Plaintiff’s counsel verified Defendant is not an activity duty serviceman currently or within the last 365 days. See Exhibit A.
  13. Plaintiff’s counsel certifies that they have spoken to the Clerk of Court and reviewed the filed pleadings in the case and can find no evidence of the Defendant having filed an answer in this case. See Exhibit B: Certificate of Compliance.


Pursuant to O.C.G.A. § 9-11-55, “[i]f 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 Defendant has not filed an answer or otherwise appeared in this action. The time for opening default as a matter of right has...

Don't wait - get your injury client the default judgment they deserve faster by downloading our proven template now!

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