Defendant's are in Default - Now what?

[cunundrum69]

Defendant's are in Default - Now what?

This is regarding California Federal Civil Court.

I am the Plaintiff in a civil litigation against several defendant's. The Defendant's were served with the complaint, and are now in default by failing to timely file an answer pursuant to the civil rules of procedure. I am under the impression that there exist many benefits when a plaintiff petitions for default judgment. I am also under the impression that the default judgment is for the dollar amount listed in the complaint and civil cover sheet. However, in my case I listed the amount desired as "to be assessed".

A.) What happens if I petition for default judgment and the Court grants my motion.

B.) How does the dollar amount become determined if I ultimately win completely by default judgment?

C.) When does the amount become determined if I completely win by default judgment?

Is it generally most advantageous to petition for default judgment under any given situation? These are very wealthy corporation defendant's, whom I am assuming have the best lawyers money can buy. Are there any hidden pitfalls I should be aware about which make petitioning for default judgment not the best avenue? Meaning, can the defendant's be deliberately defaulting in order to gain some advantage by not filing an answer to the complaint and thereby coerce me into petitioning for default when no specific dollar amount has been requested in said complaint?

 

[latigo]

. . . can the defendant's be deliberately defaulting in order to gain some advantage by not filing an answer to the complaint and thereby coerce me into petitioning for default when no specific dollar amount has been requested in said complaint?

Well, no one has coerced you into doing anything. But I doubt that the pricey attorneys for the deep pocket defendants fell asleep at the switch! They could get in serious trouble that way.

Anyway, I suggest that you read and become familiar with the Federal Rules of Civil Procedure - in particular Rule 54(c) and Rule 55.

But these issues should be left to your attorney. Yeah, I know you can’t afford one. But that still doesn’t mean that the practice of law can be learned via the Internet. (One should at least wander around a college of law and peer into a few class rooms).

 

[Willlyjo]

Well, no one has coerced you into doing anything. But I doubt that the pricey attorneys for the deep pocket defendants fell asleep at the switch! They could get in serious trouble that way.

Anyway, I suggest that you read and become familiar with the Federal Rules of Civil Procedure - in particular Rule 54(c) and Rule 55.

But these issues should be left to your attorney. Yeah, I know you can’t afford one. But that still doesn’t mean that the practice of law can be learned via the Internet. (One should at least wander around a college of law and peer into a few class rooms).

I really like that response Latigo!

 

[wrongsometimes]

I really like that response Latigo!

I sometimes wonder if Latigo! is really Justice Scalia