Q: WHAT IS THE RULING ON DEFAULT AND THE CASE GOES BACK TO THE ORIGINAL COMPLAINT AND HOW DOES THE COURT ASSES THE DAMAGES
The defendants committed fraud and were a LLC when they defaulted by failing to provide discovery and did not show up for the trial the judge told us it would go back to the original complaint where each defendant and company was liable. The judge wanted a notarized assessment . During that time my husband had major heart surgery at the VA hospital and complications and a stroke during that time I tried to get in contact with the contractor leaving messages by phone and email in the mean time the judge retired and another took over when he failed to name the right defendants and gave us only a pittance for the damages we are pro say. This initially started I small claims where the contractor filed a claim against us for money he abandoned the job and refused an order to remedy the state and town became involved and he plead guilty and he was fined $5000. This went to the town and because of the damages we had to file a complaint in Supreme court.
A: It is unclear to me what happened to you and what you want to happen now. To answer your direct question, a plaintiff must prove damages even if a case is uncontested. The proofs are uncontested but must exist and be cognizable under the law.
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