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Infolawyer
Infolawyer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 54246
Experience:  Experience representing landlords and tenants.
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GA Law Question Eviction. A Default Judgement given because

Customer Question

GA Law Question Eviction. A Default Judgement given because I was late to court for an eviction case. I filed a motion to set aside default but it was denied for no reason without even a hearing. I refiled the motion to set aside default again. Have yet to hear back on the new update motion. The writ of possession has not be issued yet but could any day now. If I appeal the deny order to set aside Judgement can that halt the writ of possession? I read in GA you can't appeal the default judgement but I'm going to appeal the the deniail order of my motion to set aside default judgement I just don't want to get evicted. How to handle this and with the appeal can that stop the writ or stay it at least. The case was in magastrate court and I'm appealing to state court.
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  Infolawyer replied 2 months ago.

Hello and welcome. I am working on your answer and will be right back!

Expert:  Infolawyer replied 2 months ago.

You can check on the status of the pending motion by checking with clerks office.

You cannot appeal a motion which remains pending and undecided since not ripe.

Customer: replied 2 months ago.
No I was going to appeal the first motion that was denied. I refiled a new different motion so I can appeal the one that was denied correct?
Expert:  Infolawyer replied 2 months ago.
If one is pending need to await that decision and follow up. Cannot refile the same motion twice. If I can clarify or explain anything further, just ask me. kindly rate me 5 stars.
Customer: replied 2 months ago.
not sure if that is true about filing a motion twice I was told it a motion is denied u can update motion and resibmit
Expert:  Infolawyer replied 2 months ago.
If denied can refile but not if pending and undecided.
Expert:  Infolawyer replied 2 months ago.
Once denied can seek re argument due to error.
Expert:  Infolawyer replied 2 months ago.

Is the answer acceptable?

Expert:  Infolawyer replied 2 months ago.

Kindly rate me 5 stars, and if I can clarify anything just reply and ask me.

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