Mills v. Sam Duggan Leasing, Inc.

Deen, Presiding Judge.

On May 17, 1985, the appellee, Sam Duggan Leasing, Inc., filed suit against Timothy Mills in the Magistrate Court of Colquitt County, seeking to recover $2,500 allegedly due under a lease agreement. Mills was served on June 12, 1985, with the summons instructing him in capital letters that he must file an answer within 30 days after service. Mills failed to do so, and the Magistrate Court entered a default judgment for $2,529.50 against him. Mills’ subsequent motion to set aside the default judgment was denied by the Magistrate Court.

Mills sought a de novo review in the…