O.C.G.A.

O.C.G.A. § 44-14-269 (2019)

Default judgment

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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Upon the failure of the defendant to appear and answer within the time provided in Code Section 44-14-267, if the service on the defendant was made in such a manner as to comply with Code Section 9-11-4, a default judgment shall be entered against the defendant for the full amount of the petitioner’s claim.

History

Code 1933, § 67-717, enacted by Ga. L. 1975, p. 1213, § 3.

Annotations

JUDICIAL DECISIONS O.C.G.A. § 44-14-269 deals with petitions for immediate writ of possession and is inapplicable to a proceeding dealing with a petition for a writ of possession under O.C.G.A. § 44-14-230. Spencer v. Taylor, 144 Ga. App. 641, 242 S.E.2d 308, 1978 Ga. App. LEXIS 1721 (1978). O.C.G.A. § 44-14-269 only applies to

immediate writs of possession under O.C.G.A. § 44-14-260 et seq., which sections pertain alone to commercial transactions, and not to consumer transactions, as those terms are defined in O.C.G.A. § 44-14-260. Porter v. Midland-Guardian Co., 242 Ga. 1, 247 S.E.2d 743, 1978 Ga. LEXIS 1066 (1978).

RESEARCH REFERENCES C.J.S. 14 C.J.S., Chattel Mortgages, § 411.

T.44, C.14, A.7, P.4, S.3

Subpart 3 Foreclosures on Bills of Sale or Contracts Retaining Title RESEARCH REFERENCES ALR. Rights as between conditional seller and one claiming under or through sale or mortgage by buyer which is subject to the seller’s reservation of title, 87 A.L.R. 941. Rights in proceeds of vehicle collision policy, under “loss-payable” clause, of conditional seller, chattel mortgagee, or the like, of vehicle where there has been improper repossession or foreclosure after the damage, 46 A.L.R.2d 992. Relative rights as between assignee of conditional seller and a subsequent buyer from the conditional seller after repossession or the like, 72 A.L.R.2d 342. Sufficiency of description in chattel mortgage as covering all property of a particular kind, 2 A.L.R.3d 839; 30 A.L.R.3d 9; 25 A.L.R.5th 696. Specific performance of land contract notwithstanding failure of vendee to make required payments on time, 55 A.L.R.3d 10.

Equipment leases as security interest within Uniform Commercial Code sec. 1-201(37), 76 A.L.R.3d 11. Sufficiency of address of debtor in financing statement required by UCC sec. 9-402(1), 99 A.L.R.3d 807. Sufficiency of address of secured party in financing statement required under UCC sec. 9-402(1), 99 A.L.R.3d 1080. Sufficiency of description of collateral in financing statement under UCC secs. 9-110 and 9-402, 100 A.L.R.3d 10. What is “commercially reasonable” disposition of collateral required by UCC sec. 9-504(3), 7 A.L.R.4th 308. Sufficiency of secured party’s notification of sale or other intended disposition of collateral under UCC sec. 9-504(3), 11 A.L.R.4th 241. Construction and effect of “future advances” clauses under UCC Article 9, 90 A.L.R.4th 859.

Notes of Decisions
Cited in 2 cases, 2012–2012 · leading case: Mathis v. River City Bank, 731 S.E.2d 788 (Ga. Ct. App. 2012).
Mathis v. River City Bank, 731 S.E.2d 788 (Ga. Ct. App. 2012). · cites it 4× “) Upon the failure of the defendant to appear and answer within the time provided in Code Section 44-14-267, .”
Christopher Mathis v. River City Bank (Ga. Ct. App. 2012). · cites it 4× “) Upon the failure of the defendant to appear and answer within the time provided by Code Section 44-14-267, .”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.