Abbey Lending, LLC has successfully secured a default judgment against Mt. Nebo Baptist Life Center, Inc. in a dispossessory action filed in the Court of Appeals of Georgia. The case arose after Mt. Nebo failed to respond within the required seven-day period following service of the summons. Despite filing an answer and counterclaim on the same day Abbey Lending sought a default judgment, the trial court ruled in favor of Abbey Lending due to Mt. Nebo’s failure to meet the statutory deadline. On appeal, Mt. Nebo argued that the trial court erred in granting the default judgment and should have exercised discretion to open the default, but the appellate court affirmed the lower court’s decision.
Abbey Lending initially filed its complaint on January 31, 2023, seeking possession of premises leased by Mt. Nebo. After acknowledging service on February 13, 2023, Mt. Nebo did not file a timely response, leading Abbey Lending to move for default judgment on February 24, 2023. The appellate court found that under Georgia law (OCGA ยง 44-7-51), failure to respond within seven days entitled Abbey Lending to a writ of possession without further hearings or evidence.
The court also held that it lacked discretion to open defaults in such cases where statutory deadlines were missed, as previously established by case law.
Source: A24A0291_MT_NEBO_BAPTIST_LIFE_CENTER_INC_v_ABBEY_LENDING_LLC_Opinion.pdf
