Moore v. State

Ellington, Judge.

Keith Barry Moore appeals from a default judgment in a forfeiture action under OCGA § 16-16-2. The forfeiture petition was filed in the Douglas County Superior Court on April 5, 2001, and Moore was personally served the next day. Moore’s answer was file stamped by the trial court on Monday, May 7, 2001, 31 days after service. The State requested a default judgment, which the trial court granted. See OCGA § 9-11-55 (a). Because the trial court erred in determining the answer was untimely filed, we reverse the default judgment.

1. Under OCGA § 1-3-1 (d) (3), “when a period of…