Does anyone what the process in an unlimited civil lawsuit after your attorney files for a default ?

Question

My attorney is supposed to be fileing for a default for my case. I have never went through a lawsuit process before. He is a really great attorney and has done a great job in helping me understand most of the process and steps needed in winning my case. But I am still a little confused . So I am wondering if someone could give there opinion and advice on these questions . Thanks Robin Gist in Los Angeles

What is the next step after my attorney files for the default of my case ?

Can the company and individuals that didn't anwser my claim that was served on them still anwser the claim after the default has been entered ?

And, last but not least how long does the default process take before you get your hearing for judgement on your case? How do you get notified for your hearing for a default judgement?

Answer 1

A default can be entered against someone who has already been served with the complaint who did not answer within the time allowed by law. The effect of a default is to establish liability. If you sued, for instance, for breach of contract, it is as if you have proven the breach. As for the amount of damages, if your damages are LIQUIDATED - for a sum certain, say $3,000 in back rent - you can get a judgment for that amount. If your damages are UNLIQUIDATED which means someone has to hear about your case to decide how much you get now that you proved liability, you still have to have a hearing or trial on damages.
If the company comes in late, they can ask the court to set aside the default. In Florida, if they were to do that they would have to show they have a meritorious defense and excusable neglect for not answering on time. If that happens, and the judge were to grant the motion to set aside the default you would have to go back to proving damages and liability, otherwise is is just damages.
Once the damage hearing/trial is over (or if it is a claim for liquidated damages) you will get a default judgment and can collect. If there is a damages/hearing or trial, your lawyer will set it w/ your input. As for the default, that can be entered, at least in Florida, without a hearing by the clerk who just verifies that you showed the defendants were served with the complaint 20 days ago and have not answered and they will mail you back a copy of the entered default. Hope that helps.

Answer 2

Yes, the other side can come back after a default -- either with a Motion for Reconsideration (or equivalent) or in an appeal -- and argue that there were procedural defects that made the default invalid -- basically, asking for a "do over".

The specific period for requesting a default, and the period where an appeal is allowed, varies by jurisdiction -- but generally not more than 120 days after the default is entered.

Answer 3

If the judge grants a default jugment in your favor, you will have to wait for about a year to be able to use what you collect from the judgment. (If you can even collect it). You need to be asking your attorney these questions. It is your attorney's duty to answer them!