Harper v. Carroll Tire Co., Inc.

Judge Harold R. Banke.

Carroll Tire Company, Inc. filed a complaint on account against James Harper, Jr. and The Original Harper Tire, Inc. to recover a principal indebtedness of $24,669.06 and interest. A default judgment was entered against the corporate defendant because it did not file a timely answer. The individual defendant did answer in a timely fashion, but, on motion by plaintiff, the court struck his original and amended answers and entered default judgment against him on the ground that his defensive pleadings failed to comply with OCGA § 9-10-112.

OCGA § 9-10-112 provides that

[w]hen…