QUESTION
How do I get a default judgement against a defendant?
Asked on Apr 20th, 2012 on Bankruptcy - Louisiana
More details to this question:
I have served complain and summons on someone, waited the required period (20 days) to get an answer and have not heard anything. Now I need to get a default judgement. The court clerk said the case is too big to them to just sign of on it so I need a judge's opinion. I know that I need to file an RJI (request of judicial intervention) but I think there is something else I need to do as well. Please let me know what forms I need to file and where I can get those forms online.
1 ANSWER
In Louisiana, you need to first file a motion for preliminary default. Wait the appropriate amount of time and then file for a confirmation of default. If the amount requested is high, the judge will likely set a hearing for you to prove your case before he or she issues such a large reward. This is not simply a rubber stamp process. You must actually put on evidence that the Defendant should both be held liable and have the damages you are requesting assessed against him or her.
Answered on Apr 23rd, 2012 at 12:40 PM