Civil Judgment - Forms

Purpose of form:

The magistrate judge signs this document to enter a legal decision in a civil case.

The judge signs this document after a trial, if the parties reach a consent judgment agreement, one party fails to appear at trial and a default judgment is entered or when a civil case is dismissed by the court.

The plaintiff(s) and defendant(s) may use this document to prepare a proposed Consent Judgment setting forth the amounts owed and may, in appropriate cases, set forth the terms of a repayment plan. A Consent Judgment should be signed by all parties and all attorneys for the parties and either mailed to the court or presented to the court. If the document is mailed it should be mailed well in advance of the court date to insure that the case is not inadvertently dismissed should parties fail to timely appear at the calendar call of the cases. Parties should contact the clerk of court if a consent judgment has actually been signed by the parties.

This form also sets forth the duties of a judgment creditor upon receiving full payment from the debtor. "Upon payment of the entire debt upon which a judgment or FiFa has been issued, the judgment creditor shall timely (within 60 days) direct the clerk(s) of the appropriate court(s) in writing to: (1) cancel the writ of FiFa, if a writ was issued; (2) mark the judgment satisfied. Failure to timely comply may subject the judgment creditor to monetary damages, O.C.G.A. § 9-13-80."

Civil Judgment - All types [DOC]

Purpose of form:

The Magistrate judge signs this document to enter making the "consent agreement" of the parties the legal decision in a civil case. The main legal distinction between a consent agreement and a consent judgment involves the finality of the case. A consent judgment is a final decision whereas, unless the case is dismissed, a consent agreement is not a final decision, it is a court order.

The advantages of a consent agreement, in appropriate circumstances include: (1) a "judgment" is not entered in the case against the judgment debtor. The entry of a civil judgment oftentimes has a negative impact upon one's credit rating; (2) through a consent agreement the parties are granted a reasonable amount of time to complete certain acts, such as a repayment plan, repairs or the completion of certain work. These issues, alone, can provide compelling incentives to fulfill the terms of the consent agreement.

The disadvantages of a consent agreement include: (1) same as #1 above, there is no judgment entered which brings finality to the case; (2) the parties may need to appear in court for an additional trial of the case is the terms of the consent agreement are not fulfilled.

Typically, a consent agreement will involve a dismissal of the claim, counterclaim, a repayment plan or the performance of certain acts. The performance of certain acts oftentimes involves completing certain repairs or finishing work, such as on a construction project. Bear in mind that a court ordinarily cannot, and will not, order completion of work or repairs, but the parties may through their own agreement may do so. A court issues a money judgment in lieu of ordering completion of work or completion of repairs. Therefore, the parties may well prefer a consent agreement to a court money judgment.

When the parties agree to extend time for a repayment plan, compete repairs or finish certain work, the court will reset the case for another trial date to insure compliance with the consent agreement.

If the consent agreement is fulfilled, the parties should file a dismissal of the claim or counterclaim. If the consent agreement is not fulfilled , the case will proceed on with a trial to determine the outstanding money damages to be awarded, if any.

Consent Agreement [DOC]

Purpose of form:

The magistrate judge signs this document to enter a default judgment in a civil case. Typically, the judge signs this document in two instances:

1. The defendant has been served and more than 45 days have passed from the date of service upon the defendant. The defendant has not filed an answer. The case is for "liquidated damages", meaning that the court does not have to hear further testimony or review further evidence before entering a judgment on the amount of damages owed.
2. The case is set for a default judgment calendar because it involves "unliquidated damages" or the plaintiff did not attach the necessary documents to the statement of claim to enable the judge to enter a default judgment without conducting a hearing on the issue of the amount of damages.

"Liquidated damages" are those which are fixed, or certain. Examples of liquidated damages would be promissory note, unpaid rent on a lease or an open account between a vendor and a customer. Provided that the plaintiff attached sufficient documents to the statement of claim and served the defendant with a copy of these documents, the court could enter a default judgment without a hearing on the amount of damages.

However, claims for "unliquidated damages" must always be set for a hearing on the issue of damages. Examples of "unliquidated damages" include, an auto accident, a personal injury claim or a breach of construction contract involving work not completed.

Again, there is a presumption that the claim is for unliquidated damages unless all necessary documents are attached to the statement of claim and served upon the defendant. (See T.A.I. COMPUTER, INC. vs. CLN ENTERPRISES, INC., 237 Ga. App. 646, 516 S.E.2d 340.

Default Judgment [DOC]

Purpose of form:

The law requires a judgment creditor to file a "Satisfaction of Judgment" with the clerk of court upon receiving payment in full on an outstanding civil judgment. The judgment creditor is the one who is awarded money to be paid by the losing party. This may be the plaintiff or the defendant on a counterclaim. The failure of the judgment creditor to properly have a civil judgment marked as being satisfied may subject the judgment creditor, the attorney for the judgment creditor, or both, to penalties up to $500.00. This form should be filed with our clerk when judgment are paid in full.

Duties of Judgment Creditor: Upon payment of the entire debt upon which a judgment or FiFa has been issued, the judgment creditor shall timely (within 60 days) direct the clerk(s) of the appropriate court(s) in writing to: (1) cancel the writ of FiFa, if a writ was issued; (2) mark the judgment satisfied. The failure to timely comply may subject the judgment creditor to monetary damages, O.C.G.A. B' 9-13-80. The Writ of Fi.Fa. should be canceled with Clerk of Superior Court in each county where you filed the writ. Also, this form should be submitted to clerk on all judgment and consent judgments upon receipt of full payment.

O.C.G.A. 9-13-80. Execution to be canceled when satisfied; private right of action; damages.

• (a) Upon the satisfaction of the entire debt upon which an execution has been issued, the plaintiff in execution or his or her attorney shall timely direct the clerk to cancel the execution and mark the judgment satisfied.
• A private right of action shall be granted to a judgment debtor upon the failure of such plaintiff or counsel to comply with the provisions of subsection (a) of this Code section.
• Failure to direct cancellation and satisfaction within 60 days after satisfaction of the entire debt shall be prima-facie evidence of untimeliness.
• Recovery may be had by way of motion in the action precipitating the judgment and execution or by separate action in any court of competent jurisdiction.
• Damages shall be presumed in the amount of $100.00. Actual damages may be recovered, but in no event shall recovery exceed $500.00.

Satisfaction of Judgment

Purpose of form:

A state level court is required to enter a "stay in bankruptcy" order anytime the court receives reasonable information to indicate that a party to a civil lawsuit has filed for protection under the Bankruptcy Code of the United States. And, while state level courts may impose certain prerequisites for filing for a bankruptcy stay the federal courts may have differing requisites which tend to be more liberal.

The particular form provides that the magistrate may make any of 5 differing rulings regarding a request for a bankruptcy stay order.

Parties to a civil case should follow U.R.M.C. Rule 42: Bankruptcy stay. A party or attorney may file a signed notice of bankruptcy proceedings containing the bankruptcy case number; where the debtor in the bankruptcy case is the same as a party in the magistrate court, such a notice will stay proceedings in the magistrate court until further order of the court. Parties are encouraged to attach a copy of the first page of their bankruptcy filing to the notice. On the court's own motion, a judge or clerk may attempt to verify the filing with the U.S. Bankruptcy Court (which may be by telephone inquiry) and notify the parties to proceed with the case upon lack of verification.

Parties desiring to challenge the authenticity, scope, or continued duration of a bankruptcy stay shall file a written motion or request which shall be set for hearing before a magistrate. This motion need not be in a particular format but must set forth the "style of the case," which is heading on top of many court setting forth the name of the court, state, names of the parties and case number. All motions should set forth the relief requested. All motions should be served upon the opposing party.

Bankruptcy Stay [DOC]

Purpose of form:

This order sets the date and time for a hearing on the issue of whether a bankruptcy stay, entered pursuant to U.M.C.R. 42, should be vacated, set aside, or continued.

U.R.M.C. Rule 42: Bankruptcy Stay.... Parties desiring to challenge the authenticity, scope, or continued duration of a bankruptcy stay shall file a written motion or request which shall be set for hearing before a magistrate. This motion need not be in a particular format but must set forth the "style of the case," which is heading on top of many court setting forth the name of the court, state, names of the parties and case number. All motions should set forth the relief requested. All motions should be served upon the opposing party.

This order also reminds that parties that in the event the motion to reopen the case is granted, and the bankruptcy stay is lifted, the parties should be prepared immediately to proceed with the trial of this case.

Bankruptcy Reopen Order [DOC]

Purpose of form:

This order is signed by the magistrate if he/she finds that the stay of bankruptcy should be lifted as to one or several of the defendants.

Typical reasons for lifting the stay of bankruptcy include,

1. The Bankruptcy Court has dismissed the bankruptcy.
2. The Bankruptcy Court has entered its own order lifting the stay of bankruptcy affecting this case
3. A bankruptcy action was never actually filed affecting certain defendant(s) in the state court level action.

U.R.M.C. Rule 42: Bankruptcy Stay.... Parties desiring to challenge the authenticity, scope, or continued duration of a bankruptcy stay shall file a written motion or request which shall be set for hearing before a magistrate. This motion need not be in a particular format but must set forth the "style of the case," which is heading on top of many court setting forth the name of the court, state, names of the parties and case number. All motions should set forth the relief requested. All motions should be served upon the opposing party.

Order Lifting Stay [DOC]

Purpose of form:

This order is signed by the magistrate in preparing a ruling on various written motions filed with the court. This is not a document that would be prepared by the parties to the lawsuit.

Motion Order [DOC]

Purpose of form:

This order is signed by the magistrate if the magistrate determines that a civil judgment should be vacated and set aside. This is not a document that would be prepared by the parties to the lawsuit.
This form is typically used by the magistrate in instances wherein the party to a judgment was inadvertently late for court due some verified emergency, attended court but reported to the wrong courtroom or a clerical error was made.

Other:

O.C.G.A. 15-10-43(g) Notwithstanding the provisions of Code Section 15-10-42, the magistrate court ma grant relief from a judgment under the same circumstances as the state court may grant such relief.

9-11-60. Relief from judgments.
(a) Collateral attack. A judgment void on its face may be attacked in any court by any person. In all other instances, judgments shall be subject to attack only by a direct proceeding brought for that purpose in one of the methods prescribed in this Code section.
(b) Methods of direct attack. A judgment may be attacked by motion for a new trial or motion to set aside. Judgments may be attacked by motion only in the court of rendition.
......
(d) Motion to set aside. A motion to set aside may be brought to set aside a judgment based upon:
(1) Lack of jurisdiction over the person or the subject matter;
(2) Fraud, accident, or mistake or the acts of the adverse party unmixed with the negligence or fault of the movant; or
(3) A nonamendable defect which appears upon the face of the record or pleadings. Under this paragraph, it is not sufficient that the complaint or other pleading fails to state a claim upon which relief can be granted, but the pleadings must affirmatively show no claim in fact existed.

Requests for relief from judgments in the magistrate court shall be by filing a new action pursuant to this Code section. The procedure shall then be the same as in other cases except the court may assess costs as seem just.

Order Vacating Judgment [DOC]

Purpose of form:

This notice is sent out with all cases which are placed on the default judgment calendar. This notice contains the reasons and case law authority for setting cases on this type calendar.

If the damages sought are fixed, or certain, the court can grant a default judgment without any party being required to come to court for a trial. These fixed or certain damages are called "liquidated damages." Examples of liquidated damages include, a sum due on a promissory note, a sum owed on an open account or a lease. However, even cases which are typically for "liquidated damages" may still be put on a trial calendar if the party did not attach ALL the necessary documents which would enable the judge to look at these documents and determine the judgment without any further testimony.

However, some damages by their very nature are uncertain and always require testimony before a judgment may be entered. Examples of these types of damages include pain and suffering from an automobile accident, property damages as the result of an accident, the fair market value of the cost of a repair.

An analysis of liquidated and unliquidated damages for which a hearing may be required is set forth in the case of T.A.I. Computer vs. CLN Enterprises, Inc., 237 Ga. App. 646, 516 S.E.2d 340.

Other:

If the party seeking damages fails to attend the trial of this case on the issue of damages, the case would be dismissed.

Default Judgment Trial Notices [DOC]

Purpose of form:

This order is signed by the magistrate if the case has appeared on a published calender and the Plaintiff has failed to appear at the time and date scheduled on the calender. This is not a document that would be prepared by the parties to the lawsuit.

This form is typically used by the magistrate in instances wherein the Plaintiff failed to appear at the calender call without notice to the court of a valid conflict.

Order Dismissing Case for Want of Prosecution [DOC]