Jump to content

How much "evidence" to submit with default judgement?


Recommended Posts

I'm preparing default papers for a JDB who doesnt look like they're going to respond to my complaint. I have some guides for filling out the paperwork, but the examples are mostly simple cases like fender-benders or remodeling contractor disputes. The guides instruct to include exhibits and evidence when submitting default judgment requests, but for the examples given, its just a few receipts, some photos, or maybe a contract.

My question is: In my case, its a little more complicated and spans several years of harassment, so the "supporting dcuments" can be an enormous amount of papers. Should I still submit everything, or hold onto it since they'll be a default hearing anyways.

Any suggestions or recommendations about how to handle all the supporting documentation when filing a default and default judgment?

Thanks.

Link to comment
Share on other sites

If you've actually met the statutory time frame for a default with no response from the other side and your legal research before you filed your action shows there are assets to seize then why wouldn't you invest some cash into securing your judgment. Your research shows you assets to seize and sell via a writ spend some cash with a local law firm to get it right. Actually if you sub in the law firm for you then the attorney of record in the default would bring attorney fees into play which of course you asked for in your initial complaint. You can't lose if you pled your action properly based on reasonable due dilligence.

Link to comment
Share on other sites

The JDB's submit next to nothing when they get a default, if they don't show up to counter your claim, why should you need to provide anything more than they get away with??

Your real fight is going to be actually collecting on that judgement, that might require a lawyer to accomplish as I have heard it can be very difficult without the right knowhow.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.