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JDB; no answer to counter claims....default judgement?


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The 20 days ends on Monday. I filed a counter claim in with my answer to the petition of indebtedness and so far I have not heard a peep from the JDB. (Actually they did send a "validation" letter ) I have been searching, I am thinking that the next move is a default judgement, if the Jdb doesn't respond to the claims in the petition. Not sure how to go about this?

I want to be prepared to fire this thing off after a short grace period, so any ideas are greatly appreciated.

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Or they are too busy with getting default judgements from all the cases they have filed to notice you filed a counter claim. I expect they are going to sit up and notice once you file for default. Of course if I was going into this I would know their default rate before walking into court so I could argue that "gee, they get all these defaults from people not answering right away and now they want the court to not do the very same thing when they defualted". That would just be to twist the knife a bit since if they do jump up and say "Oh sorry we did not realize there were counter claims" they will likely get an extetion to answer.

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Unfortunately, they will probably wait to the very last minute. However, I do know a guy, he posts here every now and then (HarryC) that had this happen.

He did the default and it was granted. A few months later they even got an agreement for around 10K for the 17.5k judgement. They of course blew that off. So he paid the 2.5K bond to the U.S. Marshall's, hired a moving company, and went to a call center and had the Marshall's start with the laser printers.

They had his check wired, within an hour, to the local bank branch. Of course the full amount. It's posted around here somewhere. I know him, but I also saw a copy of the bank wire.

As you probably know, they (JDB) think we are stupid and are just copying and pasting things we have no idea what they mean. I guess that does happen sometimes, but you can take them down, and take them down hard, if your determined.

If they don't answer then go for the default immediately. I had an atty tell me once, while the percentage is still very small, getting a default on the counterclaims is where he has the best luck.

Good luck and if they don't answer on time, let us know. I want to watch this show !! xpopcornx

Edited by Coltfan1972
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I am with Coltfan, if they miss a deadline, break a rule or look at me funny I am going to be all over them with motion practice. It is fun to watch Mr High Price lawyer squirm when a Pro Se is beating him at his game. It also gets them to raise the white flag much faster and ask you if they can dismiss so they do not get embarrassed by said Pro Se in court.

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I was thinking that they would wait til the last minute, but there is a chance that they won't answer, and I'd like to SWOOOP in there with a default judgement if they are going to not take me seriously. I have nothing to lose in my situation, so I'm "all in" so to speak.

Coltfan, I'll definately keep you guys posted.

KentWA, these guys are busy getting default judgements, I have looked at their track record, the attorneys are sloppy and it looks like the courts dismiss a lot of these cases due to lack anything, the cases seem to sit idle for a year or more. But I have no issues pointing out the irony of the situation at hand to a judge.

What I am looking for....an idea of how to file a default judgment, not sure how I go about getting this ready so that I can jump on it immediately after they "default".

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You will have to check your state rules of civil procedure. there should be step by step process listed for default. It looks like OK Rule 4 is what you want to look at.

KentWA I have searched and searched OKRCP, maybe I am looking in the wrong place, I still cannot find the information to help with a default judgement, i am at day 22 now, I have two ongoing lawsuits at the moment and the other one is moving faster.

Any help finding this OkRCP would be greatly appreciated. These statutes are just a mess :roll:

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Guest usctrojanalum

Few things, in NY counterclaims by a defendant against a plaintiff are automatically assumed denied and no answer is required. Make sure your rules of civ pro do not have similar terminology.

Second, you will not be able to obtain a default judgment. Clerks default judgment are only entered if the balance is a sum certain, that can be supported with documentary evidence and an affidavit. You might get a judgment against them for liability but your damages would have to be determined at a trial, or an inquest.

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Few things, in NY counterclaims by a defendant against a plaintiff are automatically assumed denied and no answer is required. Make sure your rules of civ pro do not have similar terminology.

Second, you will not be able to obtain a default judgment. Clerks default judgment are only entered if the balance is a sum certain, that can be supported with documentary evidence and an affidavit. You might get a judgment against them for liability but your damages would have to be determined at a trial, or an inquest.

Thank you Kent WA, that reading will keep me busy for a while.

@ Usctrojanalum, I will check into the terminology in the RCP, but out of curiosity, what would be my next move then? I have been waiting to get discovery sent off to the JDB because I want to see their answers to the counterclaims... If you were in my situation what would your next move be?

Just trying to get the ball moving.

Thanks for all the insight guys :)

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Bad rules, very hard to understand. Best thing to do is download them as a word document and then search them by keyword. Counterclaims are addressed in section 12-1758 page 307.

Also see Page 383:

§12-2012. Defenses and objections - When and how presented - By pleading or motion.

3. The plaintiff shall serve a reply to a counterclaim in the answer within twenty (20) days after service of the answer or, if a reply is ordered by the court, within twenty (20) days after service of the order, unless the order otherwise directs.

Hope this helps all who search! The OK rules are downloadable in Word, then you can search by keyword. Most of the civil stuff is at the end.

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Bad rules, very hard to understand. Best thing to do is download them as a word document and then search them by keyword. Counterclaims are addressed in section 12-1758 page 307.

Also see Page 383:

§12-2012. Defenses and objections - When and how presented - By pleading or motion.

3. The plaintiff shall serve a reply to a counterclaim in the answer within twenty (20) days after service of the answer or, if a reply is ordered by the court, within twenty (20) days after service of the order, unless the order otherwise directs.

Hope this helps all who search! The OK rules are downloadable in Word, then you can search by keyword. Most of the civil stuff is at the end.

Thanks legaleagle, I did make it a word document, and use the search function, just not well organized these statutes. oh well. I will keep reading them over and over. Another thing I cannot find yet is motion to preclude or motion in limine or motion to supress etc...nothing for getting evidence thrown out before trial.

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Well, I heard from the attorney on the other side today. As a courtesy I reminded her that I had yet to recieve their answer to the counterclaims within my answer to their petition (nor had the court recieved it). She said that it was in the mail, sent on monday.

In the meantime I will be working on a motion for default judgement, if I don't recieve the answer in a week, then I will go ahead and file the default, then maybe a MSJ? Thoughts on this line of reasoning?

These particular attorneys like to start a case and then it just sits there FOREVER with no action, from what I can gather through researching their cases filed in the last ten years. Justice doesn't move that slow here in the Middle of nowhere county oklahoma, and I don't intend to just sit here and wait for them to do nothing. I just want to make them earn their money! cha-ching :)

As always any and all input welcomed!

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Thanks legaleagle, I did make it a word document, and use the search function, just not well organized these statutes. oh well. I will keep reading them over and over. Another thing I cannot find yet is motion to preclude or motion in limine or motion to supress etc...nothing for getting evidence thrown out before trial.

Look in the state stautes under rules of evidence. That will give you the required information, then you can file a motion. This is a point of law, not usually covered in the Rules.

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