Defendant's are in Default - Now what?

[cunundrum69]

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?

 

[Willlyjo]

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?

Are you handling this case in Pro Per? You may be way over your head if you are and you have to come to this forum and ask about Default Judgement.

In answer to your questions however, yes, of course if you as the Plaintiff are in a position to file for Default, it IS most advantageous under any circumstances. This IS the best avenue if they don't respond within the timeframe imposed by Civil Law.

How can a court grant your motion for Default Judgment if they don't know what you are claiming?

Also, it makes no sense at all for a Defendant ever to intentionally Default.

You say no specific dollar amount has been requested in your Complaint. Why? A Complaint usually has to have a specific amount applied to your alleged damages. Or at least "According to Proof".

Anyway, if you are eligible to file for Default Judgement then form CIV-100, Request for Entry of Default and Court Judgment (form JUD-100) have sections where you have to enter in a dollar amount for your damages. You can also enter in a 10% annual rate if applicable.

The judge may require a hearing for you to explain amounts you are asking for or amounts you haven't calculated. Such hearing usually is unnecessary if you do indeed enter a dollar amount and include in your Declaration valid reasons for the amount claimed along with Exhibits showing your claims are valid.

As you should know, the Defendants can come back with a motion to Set Aside Default Judgment and prevail if they have a good enough reason.

 

[cunundrum69]

In the previous post, where you state: "... it makes no sense at all for a Defendant ever to intentionally Default." What I am fearful of is that the defendant's know they have a weak case. They also know I am demanding a trial by jury where the sympathy of the jury to the damages that this corporation caused to me and my family could seriously hurt them financially . By deliberately defaulting, could the Defendant's be attempting to force the determination of the case before a single judge and hope that the judge does not grant a large payout? Whereas, if the Defendant's think they can't win before a jury, they can merely deliberately default then force the merits of the case to be determined by a judge.
My other fear is that because I didn't assert an actual amount of requested damages the Court might attempt to award something like nominal damages of $1? How do I force this case before a jury? And what are the benefits of pursuing entry of default judgment when the defendant's can merely attack the amount being requested by default and claim that there exists no merits to the case thereby forcing a single judge to act as the jury?

 

[Willlyjo]

In the previous post, where you state: "... it makes no sense at all for a Defendant ever to intentionally Default." What I am fearful of is that the defendant's know they have a weak case. They also know I am demanding a trial by jury where the sympathy of the jury to the damages that this corporation caused to me and my family could seriously hurt them financially . By deliberately defaulting, could the Defendant's be attempting to force the determination of the case before a single judge and hope that the judge does not grant a large payout? Whereas, if the Defendant's think they can't win before a jury, they can merely deliberately default then force the merits of the case to be determined by a judge.
My other fear is that because I didn't assert an actual amount of requested damages the Court might attempt to award something like nominal damages of $1? How do I force this case before a jury? And what are the benefits of pursuing entry of default judgment when the defendant's can merely attack the amount being requested by default and claim that there exists no merits to the case thereby forcing a single judge to act as the jury?

Obviously, you filed a lawsuit because you indeed thought you had some damages coming. A large Corporation is not going to intentionally default.

In fact, they would probably try to settle this matter if they thought you would get it to a jury and that there was a chance you would get a substantial judgment.

Have they tried to settle with you? If so, what was their offer? If there are real damages then how could the court award nominal damages in the amount of 1.00?

You really need to talk to a lawyer about this ASAP--especially if the Defendants have not responded in the time imposed by Civil Law!! You have too many concerns for a Forum like this to address!!

 

[wrongsometimes]

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.
then you have a default judgment -- you should file the motion if appropriate;;;the defendant can try to re-open the default even if granted (so wait ~a month before doing anything further)