Q: Defendants lawyer wrote us stating he read the complaint. Do we still have to serve them?
They have evaded service thus far. The Judge recommended we default them but did not specify how to fill out the proof of service? They served themselves?
A:
You can't default them without filing a proof of service. To do that you need to serve them properly. A party cannot serve another party themselves. Them reading it is not proper service unless they sign an acknowledgment/waiver of service. If they haven't been properly served, hire a process server, or use the civil division of the local sheriff to do it, then file the proof of service they give you. If they do not answer, then you can default.
If they have been properly served, fill out a proper proof and file it. Then proceed. The judge cannot tell you how to do that. Try looking at the local small claims court help section for some helpful details on the process.
Tim Akpinar agrees with this answer
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