Default judgment in Georgia: how to set it aside

Missed the deadline? Here is how to ask the court to cancel the default.

Checked against official sources: Oct 24, 2026.

Short answer

A default judgment means the court decided against you because you didn't answer. Magistrate Court: you can open the default as a matter of right by filing an answer and paying the costs within 15 days after the default (that is, within 45 days after service).

Shortest time to ask
45 days (Magistrate Court: open the default as a matter of right)
Time to answer
30 days

What a default judgment means in Georgia

If you do not answer within 30 days after service, you are in default. If the claim is for a set amount of money (like a credit card balance), the plaintiff can get a default judgment without more proof once 15 more days pass. There is no appeal from a magistrate default judgment.

Canceling a default judgment in Georgia

Magistrate Court: you can open the default as a matter of right by filing an answer and paying the costs within 15 days after the default (that is, within 45 days after service). After that, but before final judgment, the judge may open it for providential cause or excusable neglect, if you show under oath a meritorious defense and are ready for trial. After a judgment, you can ask for relief from the judgment on the same grounds a State Court allows, by filing a new action in the Magistrate Court.

Law: O.C.G.A. § 15-10-43(d), (f), (g); § 15-10-41(b)

Count your deadline to set aside a default

The date is counted in your browser.

The court's name is at the top of the judgment.

An estimate from our state data, not legal advice. Court holidays and local rules can change a deadline. File early, and ask the court clerk if you are not sure.

Mediation and settlement in Georgia

Some counties require mediation before a Magistrate Court hearing unless the court waives it; the clerk will tell you and send a mediation notice.

Law: Uniform Magistrate Court Rules, clerk guidance

Servicemembers

Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service.

Law: 50 U.S.C. 3931(b)(1)

Your next steps in Georgia

  1. Find the judgment

    The judgment's date matters. Ask the clerk for a copy.

  2. Act within the time limit

    The rule in Georgia: Magistrate Court: you can open the default as a matter of right by filing an answer and paying the costs within 15 days after the default (that is, within 45 days after service).

  3. Say why you missed it

    Write down why you missed the deadline and why you don't owe what they claim.

  4. Watch for garnishment

    Until it is set aside, the judgment can be collected: read After a judgment in Georgia.

Where to get free help in Georgia

Questions about default judgments in Georgia

How many days do I get to answer in Georgia?

30 days after you are served (Magistrate Court and State Court).

What happens if I don't answer in Georgia?

If you do not answer within 30 days after service, you are in default. If the claim is for a set amount of money (like a credit card balance), the plaintiff can get a default judgment without more proof once 15 more days pass. There is no appeal from a magistrate default judgment.

How long do I have to undo a default in Georgia?

Magistrate Court: you can open the default as a matter of right by filing an answer and paying the costs within 15 days after the default (that is, within 45 days after service). After that, but before final judgment, the judge may open it for providential cause or excusable neglect, if you show under oath a meritorious defense and are ready for trial. After a judgment, you can ask for relief from the judgment on the same grounds a State Court allows, by filing a new action in the Magistrate Court.

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Sources

Sources

Last checked: Oct 24, 2026.

Federal sources