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Hello, You answered my question on Jan 23 regarding warning

Hello, You answered my question...

Hello, You answered my question on Jan 23 regarding warning order. I have a follow up question. Now the warning order attorney failed to contact the defendant and she filed report back to court after 50 days. The next step is to get default judgement to my understanding. Does the default judgement go through the same process of providing proof and asking for witness? Also, is it only a judge trial? We asked for jury trial at the filing. But it seems judge trial is more appropriate at this time. Is it true? By the way, what if the defendant later say he has been sick(provide doctor proof) or out of town so that he cannot be served etc.

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Answered in 11 minutes by:
2/1/2013
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,089
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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If you warning order attorney has submitted their report, you now file a motion for default judgment in which you state the warning order attorney was obtained and the dates she lists in her report as attempting service and that she has filed a report as being unable to serve. Then in the motion you ask the court to issue judgment in your favor by default. This is a judge hearing, not a trial so no jury is allowed. The judge will issue the judgement of default and then it is going to be up to you to file a writ of seizure if they have property you can seize to satisfy your judgment.


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Customer reply replied 4 years ago


Thanks. Should the plaintiff specifies the exact compensation he is looking for? If so, he needs to have calculation of damage. What about punitive compensation since the plaintiff is complaint for 1) breach of contract and

mis-represention of earning; 2) fraud. If fraud charge is granted, can the damage be doubled or tripled?

 

Finally, is the defendant's option at appeal court?

 

Thanks

Yes, in your default you specify the exact damages you want in your judgment. If fraud is proven by your specific allegations in the complaint which would be now undisputed, you can get up to triple damages plus all costs and attorney's fees in the judgment.

The defendant's option if the default is granted is first trying to vacate in the trial court proving good cause, not likely with the warning order attorney. Second option is the appeal court.
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Customer reply replied 4 years ago

If the defendant goes appeal court, will the plaintiff has to wait for the outcome of the appeal court to seize defendant's asset? If so, the defendant may buy more time to liquidize his asset and run away.

If the defendant goes to appeals court, then the plaintiff will have to answer the appeal, in the event he appeals you can file a motion to seize the property pending appeal, which would prevent him from liquidating it.
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,089
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
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