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Inquest/Motion For Default Judgement

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emilian

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

I am a plaintiff in civil case. Defendant was properly served but he did not answer. The sum of claim is not certain (should be decided by judge not by clerk). How should I properly proceed? File a Motion for Default Judgement along with all supported motions/memorandums/etc. or file an Inquest? In either case what forms besides Motion for Default and/or Inquest should I fill and submit?
Thank you.
 


Mr. Scuttle

Junior Member
Hello Everybody !

Need more details as to the case or you can read your state's practice rules for further guidance.

You can file a motion for default - failure to plead. A simple 1 or 2 paragraph motion. If a non-contract based suit.

No memorandums of law are required, just note the practice rule or state statue that supports the motion in your pleadings.


You can look at other similar ones filed in other cases...very simple motion.

I assume that they would file a response after they get your motion.
 

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