Default Judgement Awarded Against County

Jasper County resident Lester K. Bankston filed a civil lawsuit against Jasper County in Magistrate Court on May 19, for damage caused to his vehicle while driving on Jackson Lake Road.

The claim stated “Damage of Property,” and “Failure To Maintain Road.” The amount of the claim was $737.65, plus a $70 charge for interest.

Mr. Bankston said that driving on Jackson Lake Road caused damage to his vehicle by damaging a rim, a ball joint, burst his tire and knocked his alignment out, and that he had documentation as to the cost to repair the damages. He added that he had no clue why the county never responded to his claim, and that he hasn’t received his damages from the county yet.

Jasper County Clerk Betty Moon signed for the summons when it was delivered on June 1, 2009, giving the county 30 days to respond.
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After the county did not respond to the claim in the allotted 30 days, it went into default. At this point the county had another 15 days during which it could have paid court costs and conducted a hearing on the claim, but did not.

As a result of the county’s inaction, on July 22 a Default Judgement was issued in Jasper County Magistrate Court by Judge [Angela] Steele. The judgement states, “Judgement is hereby rendered in favor of the plaintiff (Mr. Bankston) and against the defendant in the amount of $738 plus $70 interest, Court Costs, and future interest.

The Georgia code specifies that judgments such as a default judgment in magistrate court is not subject to appeal.
However the county attorney has appealed to Superior Court, citing three “legal principals.” That notice was filed Tuesday, July 28.