What happens if the defendant never responds to my Georgia lawsuit?

· 3 min read

When a properly served defendant fails to answer within the allowed time, the case goes into default. Default can lead to a judgment for the plaintiff, but Georgia gives the defendant limited chances to reopen the case, and an injured plaintiff usually still has to prove the amount of damages.

Default after a missed deadline

A defendant served with the complaint generally has 30 days to answer under O.C.G.A. § 9-11-12. If that time passes with no answer and no pre-answer motion, the case automatically becomes in default. In default, the well-pleaded factual allegations of the complaint about liability are generally treated as admitted, meaning the defendant has effectively conceded the basic claim by not responding.

This consequence depends on the defendant having been properly served. If service was defective, the missed deadline may not produce a valid default, because the court needs jurisdiction over the defendant for the default to stand.

The defendant’s chance to reopen

Georgia does not lock the door immediately. Under O.C.G.A. § 9-11-55, a defendant may open the default as a matter of right by filing defenses and paying costs within 15 days of the day of default. After that 15-day window closes, opening the default is no longer automatic. The court may still allow it before final judgment in its discretion, but only on a showing such as providential cause, excusable neglect, or a proper case, often with conditions attached.

Because of this structure, a default is not necessarily the end of the contest. A defendant who acts quickly can get back into the case, while one who waits faces a harder standard.

Getting a judgment and proving damages

If the default stands, the plaintiff may move for a default judgment. Liability is generally established, but in a personal-injury case the damages are usually not fixed by the complaint and must be proven. Georgia treats damages that are not for a sum certain as requiring proof, so the plaintiff typically presents evidence of medical expenses, lost income, and other losses to the court before a money judgment is entered. The plaintiff still cannot recover more than the evidence supports, and outcome is never guaranteed.

The bottom line

If a properly served defendant never responds to a Georgia lawsuit, the case falls into default and liability allegations are generally taken as admitted. The defendant can open the default as a matter of right within 15 days under O.C.G.A. § 9-11-55, and afterward only at the court’s discretion. Even with a default, an injured plaintiff usually must still prove the amount of damages before judgment.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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