Applying for a Default Judgment

[mnoble]

What is the name of your state (only U.S. law)? New York

I (the Plaintiff) served a summons and complaint to an out of state corporation. The lawsuit for sum certain was filed in Livingston County NY (County Court). The defendant never filed an answer. I filed a "Request for Judicial Intervention" form asking for a Default Judgment. Is there anything else that needs to be filed at this time? What are the steps in this process. Is there such a thing as a "Default Judgment Application"form that needs to be filed?

 

[racer72]

My question to you is, what are you going to do with your worthless default judgment against the out of state corporation if you get it?

 

[mnoble]

Fair question, I never considered that a Default Judgment might be unenforceable. Wouldn't that be considered a court decision that would be enforceable in another state under long arm provisions?
I once had a situation in which I sued the client of an out of state insurance for an auto accident and got a judgment in local small claims court, which the insurance co. refused to pay despite receiving the judgment,and several phone calls by me. I contacted the judge, she called the insurance company and a check was in the mail. I figure she must have had the threat of some pretty good power in this situation.

 

[Rexlan]

The judge was out of line for making that call and I would not count on two stupid judges in a row.

racer72's point is even if you have the judgment the odds of collecting on it are slim. If there is a lot of $$ involved then you should get an attorney and do it right.

Additionally, the defendant may not have responded because of improper service and lack of jurisdiction. You bets bet is to consult with an attorney.

 

[mnoble]

Why was the judge out of line for making that call?
I,(the plaintiff) was awarded a monetary amount in a court of law.
If I can't collect a legal judgment simply because the defendant is not located in my state, than what good are our laws? The long arm provision seeks to remedy that. I once read of a small claims case where the plaintiff sued a railroad company headquartered out of state. The small claims judge had the sheriff of the out of state county seize one of the defendants locomotives,which was not allowed to move. Needless to say, plaintiff collected judgment.

And if I win a Default Judgment for my case and have have all the required articles as required in New York State, such as proof of proper service, defendant notified, defendant never responded or showed an interest in defending the charges ect. How is that second judge stupid? Also in New York,(and apparently most states) a Default Judgment for sum certain only has to be entered by a court clerk.

Also I had the Broward county Fl sheriff serve the defendant and I have proper proof of service. And no, the amount ($10.000) is not worth hiring an attorney. I sue telemarketers (successfully) all the time this is the first time ive had one that simply refused to answer the complaint and summons.

If you are of the opinion that I will have difficulty collecting then , lets hear the legal argument and specific details and examples. I appreciate your attempt to help, but my main question was about New York State court procedure.

Thanks
Monte

 

[You Are Guilty]

You have two issues.

First is whether NY has long-arm jurisdiction over the company you sued. If NY doesn't, then the defendant's failure to answer is immaterial as the complaint is a nullity. Second, assuming jurisdiction isn't a problem, procedurally, the RJI is just used to get the case assigned to a judge. To get a default, you have to file an actual motion for one, following the CPLR procedures for proper motion practice. Simply filing an RJI and noting "default motion" in the checkboxes means nothing.

 

[Rexlan]

Why was the judge out of line for making that call?
I,(the plaintiff) was awarded a monetary amount in a court of law.
If I can't collect a legal judgment simply because the defendant is not located in my state, than what good are our laws? The long arm provision seeks to remedy that. I once read of a small claims case where the plaintiff sued a railroad company headquartered out of state. The small claims judge had the sheriff of the out of state county seize one of the defendants locomotives,which was not allowed to move. Needless to say, plaintiff collected judgment.

And if I win a Default Judgment for my case and have have all the required articles as required in New York State, such as proof of proper service, defendant notified, defendant never responded or showed an interest in defending the charges ect. How is that second judge stupid? Also in New York,(and apparently most states) a Default Judgment for sum certain only has to be entered by a court clerk.

Also I had the Broward county Fl sheriff serve the defendant and I have proper proof of service. And no, the amount ($10.000) is not worth hiring an attorney. I sue telemarketers (successfully) all the time this is the first time ive had one that simply refused to answer the complaint and summons.

If you are of the opinion that I will have difficulty collecting then , lets hear the legal argument and specific details and examples. I appreciate your attempt to help, but my main question was about New York State court procedure.

Thanks
Monte

Go for it ... you seem to have all the answers you need.

Good luck.