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default_judgment [2019/05/30 19:05] – Carlos Pedraza | default_judgment [2019/06/06 19:18] (current) – updated axanar blog link to webarchive version; Peters has removed his victory claim from the blog as it appears today. Carlos Pedraza | ||
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- | **Alec Peters claims** he's [[https:// | + | **Alec Peters claims** he's [[https:// |
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Peters says Robert Meyer Burnett failed to respond to his legal complaint, filed in Georgia state court, before the deadline, so he thinks he's won. | Peters says Robert Meyer Burnett failed to respond to his legal complaint, filed in Georgia state court, before the deadline, so he thinks he's won. | ||
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However, the Georgia court' | However, the Georgia court' | ||
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Under Georgia law, Burnett is entitled 15 days after the default judgment was entered to re-open the case; the court is then required to hear Burnett’s case. | Under Georgia law, Burnett is entitled 15 days after the default judgment was entered to re-open the case; the court is then required to hear Burnett’s case. | ||
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===== Not Dead Yet ===== | ===== Not Dead Yet ===== | ||
Burnett has plenty of grounds to reverse a default judgment and reopen the case, even if he does miss the 15-day window to get it heard automatically. Of the three possible grounds under Georgia law, Burnett may be able to claim two: | Burnett has plenty of grounds to reverse a default judgment and reopen the case, even if he does miss the 15-day window to get it heard automatically. Of the three possible grounds under Georgia law, Burnett may be able to claim two: | ||
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- **Lack of personal jurisdiction** over the defendant. This means the defendant subject to the judgment is not a resident of Georgia and has no significant ties to Georgia. This has been an issue with Peters’ suit from the start, and none of his court filings have demonstrated why a Georgia court would have jurisdiction over a California resident over actions that didn’t occur in Georgia. | - **Lack of personal jurisdiction** over the defendant. This means the defendant subject to the judgment is not a resident of Georgia and has no significant ties to Georgia. This has been an issue with Peters’ suit from the start, and none of his court filings have demonstrated why a Georgia court would have jurisdiction over a California resident over actions that didn’t occur in Georgia. | ||
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- | ===== Three Years to Vacate ===== | + | ===== Years to Vacate |
Under Georgia law, once a defendant becomes aware of a default judgment, he must file a motion to vacate it within a reasonable time. “Reasonable time” apparently means three years. A court can vacate a judgment within three years from the original entry of judgment. | Under Georgia law, once a defendant becomes aware of a default judgment, he must file a motion to vacate it within a reasonable time. “Reasonable time” apparently means three years. A court can vacate a judgment within three years from the original entry of judgment. | ||
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===== Fact Check Rating ===== | ===== Fact Check Rating ===== | ||
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+ | **Keywords** |