Why court date with defult?

[Jeff_488]

State of Gerogia

Contractor did work on home, did not fulfill terms of contract. Sent cerified letter to him which came back to me after he would not take it, proir to this called and left messages.

I have since filed suit agaist him, he has not filed an answer within his 45 days. I sent a letter asking for defult judgment, now I see the court has sent out a letter of hearing.

Questions:

1) When I goto court, must I still prove my case even if he did not file an answer?

2) If he does not show up in court, must I still prove my case?

3) What is the best way to handle this?

Thank you

 

[I AM ALWAYS LIABLE]

State of Gerogia

Contractor did work on home, did not fulfill terms of contract. Sent cerified letter to him which came back to me after he would not take it, proir to this called and left messages.

I have since filed suit agaist him, he has not filed an answer within his 45 days. I sent a letter asking for defult judgment, now I see the court has sent out a letter of hearing.

Questions:

1) When I goto court, must I still prove my case even if he did not file an answer?

MY RESPONSE: Yes.

2) If he does not show up in court, must I still prove my case?

MY RESPONSE: Yes.

3) What is the best way to handle this?

MY RESPONSE: Go to the "Default Prove-Up" hearing.


IAAL


Thank you

 

[Jeff_488]

What is the "Default Prove-Up" hearing?

Thank you for the reply.

What is the "Default Prove-Up" hearing?

Thank you in advance,
Jeff

 

[JETX]

Re: What is the "Default Prove-Up" hearing?

What is the "Default Prove-Up" hearing?
Jeff

Simply, this means that you need to make an appearance at the scheduled date, show that you are suing the correct person and that the claim is valid... and show that the defendant was properly notified of the suit..... even in the case of a default hearing.