Simons v. Equitec Properties Co.

Carley, Chief Judge.

On August 5, 1988, appellee-landlord filed a dispossessory action, seeking not only possession of the premises but also past due rent. On August 9, 1988, service was made by tacking and mailing. See OCGA § 44-7-51 (a). On August 15, 1988, appellant-tenant mailed his answer to the clerk’s office. On August 17, 1988, appellant’s answer was received in the clerk’s office and filed. On August 19, 1988, even though no default judgment had yet been entered, appellant filed a “Motion To Set Aside Judgment.” On September 8, 1988, the trial court denied appellant’s “motion to set…