On November 02, 2021 a
21-33996_MDJ
was filed
involving a dispute between
Midland Credit Management, Inc As Assignee Of Credit One Bank, N.A.,
and
Rojas, Herard,
for Statement of Claim*
in the District Court of Gwinnett County.
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IN THE MAGISTRATE COURT OF GWINNETT COUNTY
STATE OF GEORGIA
Midland Credit Management, Inc as assignee of
CREDIT ONE BANK, N.A.
Plaintiff, Civil Action File Number
vs. 21-M-30831
HERARD ROJAS
Defendant(s)
PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT
Comes now Plaintiff in the above styled action and moves this Court for entry default judgment in favor of
Plaintiff and against Defendant pursuant to O.C.G.A. §15-10-43, and in support hereof shows the following:
1. Defendant was lawfully served with the Summons and Complaint, as shown by the proof of service of record.
N
Defendant failed to timely file an Answer and the case became automatically and immediately in default in
accordance with O.C.G.A. §15-10-43.
3. The default has not been opened as a matter of right within 15 days of the day of default in accordance with
O.C.G.A. §15-10-43.
4. This action is not one ex delicto and does not involve unliquidated damages. The damages sought are set and
calculable from the pleadings and as such are liquidated.
5. Pursuant to O.C.G.A. §15-10-43, Plaintiff "shall be entitled to a default judgment without further proof if the
claim is for liquidated damages".
This 2 “T day of wr a £) - LL.
ALDRIDGE PITE HAAN, LLP.
Joshua Orem
PO Box 52815 Georgia Bar No. 413725
Atlanta, Georgia 30355
(470) 240-3440
ATTORNEYS FOR PLAINTIFF
FAX NUMBER: (470) 240-3440
EMAIL: orders@aph-law.com
APH File Number: 21-33996
Document Filed Date
February 01, 2022
Case Filing Date
November 02, 2021
Category
Statement of Claim*
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IN THE MAGISTRATE COURT OF GWINNETT COUNTY STATE OF GEORGIA Midland Credit Management, Inc as assignee of CREDIT ONE BANK, N.A. Plaintiff, Civil Action File Number vs. 21-M-30831 HERARD ROJAS Defendant(s) PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT Comes now Plaintiff in the above styled action and moves this Court for entry default judgment in favor of Plaintiff and against Defendant pursuant to O.C.G.A. §15-10-43, and in support hereof shows the following: 1. Defendant was lawfully served with the Summons and Complaint, as shown by the proof of service of record. N Defendant failed to timely file an Answer and the case became automatically and immediately in default in accordance with O.C.G.A. §15-10-43. 3. The default has not been opened as a matter of right within 15 days of the day of default in accordance with O.C.G.A. §15-10-43. 4. This action is not one ex delicto and does not involve unliquidated damages. The damages sought are set and calculable from the pleadings and as such are liquidated. 5. Pursuant to O.C.G.A. §15-10-43, Plaintiff "shall be entitled to a default judgment without further proof if the claim is for liquidated damages". This 2 “T day of wr a £) - LL. ALDRIDGE PITE HAAN, LLP. Joshua Orem PO Box 52815 Georgia Bar No. 413725 Atlanta, Georgia 30355 (470) 240-3440 ATTORNEYS FOR PLAINTIFF FAX NUMBER: (470) 240-3440 EMAIL: orders@aph-law.com APH File Number: 21-33996