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Santum Waheguru Corp. d/b/a Foothills Chevron v. The Buckhead Community Bank

The trial court properly granted a default judgment to the plaintiff in its suit on a promissory note, since the defendants' answer was not timely filed within O.C.G.A. § 9-11-12's 30-day time limit.

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Satnum Waheguru Corp. d/b/a/ Foothills Chevron, Raj P. Ghai, Arvinder Ghai and Bombay Grill, Inc. collectively referred to as “Satnum” appeal from a default judgment entered in favor of The Buckhead Community Bank BCB. The sole issue on appeal is whether the trial court properly granted BCB a default judgment due to Satnum’s failure to timely file its answer to BCB’s complaint. We conclude that the answer was not timely filed and that the trial court therefore did not err in entering the default judgment. The record reveals that BCB filed a complaint against Satnum on March 17, 2009 in an attempt to collect money due on a promissory note. On March 31, 2009, Satnum’s counsel signed an “Acknowledgment of Service” of the summons and complaint. This acknowledgment was filed on April 15, 2009. On May 26, 2009, counsel for BCB “certified” that it had received Satnum’s acknowledgment of service but had not been served with Satnum’s answer. Satnum filed its answer three days later on May 29.

On July 8, 2009, BCB moved for a default judgment on the ground that Satnum failed to timely file an answer to the complaint. Satnum responded that it timely filed its answer within the 60 days as allowed by OCGA § 9-11-4 d. The trial court granted BCB’s motion for default judgment concluding that the provisions of OCGA § 9-11-4 d were not implicated, and that therefore Satnum was required to answer the complaint within 30 days pursuant to OCGA § 9-11-12 a, which it failed to do. The court then entered a final judgment in favor of BCB. It is from these orders that Satnum appeals.

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