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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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Case Facts ----- I'm in Atlanta GA -----My Landlord Filed to

Customer Question

Case Facts----- I'm in Atlanta GA
-----My Landlord Filed to have me Evicted.
-----I filed a Response within the 7 days allowed.
-----The Day of my Hearing I was 25 minutes late due to a Flat Tire, but still came to court
-----The issue the judge had already issued a Default Judgement, I went down afterwards and filed a motion to set aside Default Judgement ( Keep in mind it was typed by me with no legal knowledge so it wasn't the best motion.
------ On Friday the Judge had denied my motion to vacate default judgement and give me a new hearing, even thought I did not find out about it until today. The motion was denied without reason and nothing saying why it was denied.
------- Over the weekend I had a new motion to vacate default judgement done and a stay of writ of possession which i had filed prior to knowing that the orginial motion had been denied.
------- In GA they landlord has to give you 7 days after judgement before they can get the writ of possesion so that would be Wednesday this week.
---- I currently have the new motion pending to set aside default judgement and stay or writ of possession which the judge has not ruled on the new motion that was filed was done by a attorney to make sure I had legally covered all my basis.
----In GA you have 7 days to file an appeal and although it read you cant appeal a default judgement, could I now appeal the motion of set aside of the default denial and can they allow me to still live in my place while my appeal is going through since the judge denied my motion without reasonSorry I know its complex but I need help to know what my optionsTo stay in my place and get a hearing?
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 11 months ago.


I'm Lucy, and I'd be happy to answer your questions today.

To seek to have the default judgment removed, you're required to submit court costs. Did you do that?

Also, what was the landlord's reason for seeking eviction?