Griffin v. FIRST PROFESSIONAL SCHOOL OF GEORGIA, INC.

Banke, Judge.

The plaintiff sued for $495 allegedly due under a contract and obtained a default judgment for that amount. The defendant filed a motion to set aside the judgment alleging that the plaintiffs claim was for unliquidated damages, that these damages had not been proven, and that this created a non-amendable defect on the face of the record. The court denied the motion, and the defendant appeals. Held:

A plaintiff in an action ex contractu may obtain a default judgment without introducing evidence as to the amount of damages provided the damages are liquidated. If the claim involves…