MAGISTRATE COURT OF DEKALB COUNTY
STATE OF GEORGIA
GATEWAY FINANCIAL, LLC §
Plaintiff, §
- § Case Number: 20D12028
VELTON GOLDEN §
Defendant. §
MOTION TO SET ASIDE JUDGMENT
Defendant Velton Golden hereby moves this Honorable Court to set aside a decision made on Insert Date. This Motion is supported by the memorandum of points and authorities below, and the declarations of Velton Golden attached hereto.
- STATEMENT OF FACTS
- The Center for Disease Control (CDC) has a moratorium against all evictions until 3/31/21.
- The procedure for getting covered by the moratorium is going to the CDC website, downloading a form, filling it, sending it and one would be covered.
- Defendant visited the CDC website, downloaded the form, filled it, sent it, and expected to be covered by the moratorium. Defendant’s form is hereby attached as Exhibit 1.
- Another requirement is to send the form to the landlord and the Court. Defendant sent his form to the landlord and the Court.
- During the hearing, Defendant asked the learned judge if she had received Defendant’s form but the learned judge did not respond. Court transcript is hereby attached as Exhibit 2.
- LEGAL ARGUMENT
- Defendant is of the belief that the CDC moratorium and following due process in its enforcement covers him from eviction until 3/31/21.
- Defendant is of the belief that the form sent to the Court was not considered in the ruling by the learned judge. Defendant holds this belief because the learned judge did not respond when Defendant asked her if she had received his form.
- Defendant is of the belief that he will be granted a grace period until 3/31/21 if the learned judge takes Defendant’s form into consideration.
- There is no prejudice to Plaintiff. There is no prejudice where a party suffers the loss of a quick victory due to the other party’s procedural default and must resort to litigating on the merits. Setting aside the judgment will further the strong public policy of deciding cases on the merits.
- PRAYER FOR RELIEF
REASONS WHEREFORE, Defendant requests that this Honorable Court grant his motion and set aside the judgment entered in this case.
Respectfully Submitted
______________________________
Velton Golden
1829 Broadway St.
Decatur GA 30035
Insert Phone Number
Insert Email
VERIFICATION
I, Velton Golden, being duly sworn depose and say that I am the Defendant in the above titled action, that I have read the foregoing Motion to Set Aside Judgment and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.
_________________________________
(Sign in the presence of a Notary Public)
Sworn to and subscribed before me this the _____ day of ____________________, 2021.
______________________________
Notary Public
________________________________________
(Printed name of Notary Public)
My Commission Expires: ____________________
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was sent on the (Date) day of (Month) (Year) by regular U.S. mail, by facsimile, or certified mail, return receipt requested, to the following parties or attorneys of record:
(Name of Defendant’s Attorney), Attorney at Law
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