Q: So the party that I am sueing for harassment did not File an answer. Whats next if I wantt to continue?
Im interested in proceeding with the case even though the party i sued didnt answer, whats next? How do i file a default judgement?
A:
A: You should make sure the process server has properly filed the return of service and then file a proper motion for default judgment attaching the required evidence that the party you sued is not on active duty in the armed forces of the United States, and the required certificate of last known address.
Since your damages are unliquidated, you will want to set a default judgment prove-up hearing to present to the judge your evidence of the damages that you sustained from the harrassment. Take care to ensure that you introduce legally sufficient evidence of such damages as the party you sued could appeal even though they didn’t answer and, on appeal, the appellate court could determine that you failed to do so.
Parties who represent themselves rarely understand what constitutes legally sufficient evidence of damages, so it is a legitimate strategy to let a pro se party move forward with a default judgment. If your evidence of damages is legally insufficient, the appellate court must reverse the default judgment and render a take-nothing judgment against you (which means you get nothing).
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