Bethel, Judge. Constance Scott appeals from the trial court’s entry of a default judgment after Prestige Financial Services, Inc. (“Prestige”) brought a purported suit on account. Prestige filed a verified complaint in the suit alleging that Scott defaulted under the terms of a retail installment sale contract for the purchase of an automobile. The complaint alleged that, following Scott’s default, the vehicle had been repossessed. The complaint went on to allege that Prestige had complied with various requirements, including that it had provided certain notices to Scott, that the sale of the vehicle had been commercially reasonable, that the proceeds of the sale had been applied to the account, and that fees incurred in the recovery and disposition of the vehicle were necessary and reasonable. The complaint alleged that Scott owed a current account balance of $18,326.09.Prestige verified the complaint, but Scott’s responsive pleading was not verified. Prestige then filed a motion to strike Scott’s unverified answer and for judgment on the pleadings, arguing that because Prestige’s suit sought liquidated damages on an account, the answer was deficient under OCGA § 9-10-112. Scott filed no response to Prestige’s motions. The trial court proceeded to grant Prestige’s motions and entered a default judgment in favor of Prestige. This appeal followed.[1]1. Scott first argues that the trial court erred by finding that the verification procedures set forth in OCGA § 9-10-112 applied to the suit at bar. Scott asserts that Prestige was not making a claim for a suit on account but for the recovery of a balance due on a repossessed automobile purchased under a sale of goods contract.OCGA § 9-10-112 provides that Whenever an action is brought on an open account and the same is verified by the plaintiff as provided by law, the answer either shall deny that the defendant is indebted in any sum or shall specify the amount in which the defendant admits he may be indebted and it shall be verified as required by law.
Where a verified complaint is brought on an open account and the defendant’s answer does not comply with the pleading requirements of OCGA § 9–10–112, the answer is properly struck. See Harper v. Carroll Tire Co., 237 Ga. App. 767, 767 (516 SE2d 811) (1999).An open account is defined as an account which has not been finally settled or closed, but is still running or open to future adjustment or liquidation[.] Open account, in legal as well as in ordinary language, means an indebtedness subject to future adjustment, and which may be reduced or modified by proof.
