What happens if a defendant does not answer to civil compliant against them which was served by the police?

UPDATED: May 26, 2012

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What happens if a defendant does not answer to civil compliant against them which was served by the police?

I’m suing someone for Defamation and Slander. She has 45 days to respond. What happens if she chooses not to?

Asked on May 26, 2012 under Personal Injury, Georgia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the defendant does not file an answer to the complaint with the court and serve it on you by mail within the time set forth in the summons, you can contact the court in writing and request that a default be entered.  A default judgment means you have won the case and the judgment should be in the amount of damages you are requesting in your lawsuit.

However, if the defendant files a motion to set aside the default and the court grants the motion, the case will be back on track and litigation will continue.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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