Monday, September 22, 2014

Default Judgment

Default judgments make me a little bit paranoid.  Under Rule 55, you have  to file an affidavit that you have received no response from the Defendant along with requesting the clerk to enter a default.  I have been adding a little extra step in there and checking email accounts prior to doing the affidavits and also filing copies of any emails received from the Defendant.  To me, an email is an "answer" and a true default judgment cannot be taken without notice.   The best bet in this situations is a properly supported motion for summary judgment.  Alternatively, a Rule 12 (c) motion for judgment on the pleadings may also be appropriate.  It amazes me in some of the emails that Defendants admit to liability and then somehow want to argue about it to the court. 

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