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Williams v. Contemporary Servs. Corp.

The failure to file a Certificate of Default pursuant to U.S.C.R. 15 was not a nonamendable defect in the record sufficient to authorize the trial court to set aside a default judgment under O.C.G.A. § 9-11-60 subsection d.

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Nora Williams appeals the trial court’s decisions to set aside a default judgment and to open default in favor of Contemporary Services Corporation “Contemporary”. For the reasons stated below, we reverse.

The record shows that Williams filed her complaint for damages on March 3, 2010; that Williams caused Contemporary’s registered agent in Georgia to be served on March 11, 2010; that on June 3, 2010, Williams filed proof of service of process; and that as of June 30, 2010, Contemporary had failed to answer. On June 30, 2010, the trial court issued a rule nisi for a hearing to be held on August 13, 2010, and on that day the trial court held a hearing and a bench trial on damages, following which it entered a judgment by default in the amount of $85,000 plus interest.1

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