1) I'm suing an attorney for Professional Malpractice and have obtained a Default Judgement which was entered Jan 18 2013 because the defendant didn't show up at the CMC. The following CMC was in Feb. 2013 where the defendant was to show cause for her absence. Afterward, the judge assigned us to mediation. Does that mean the default is no longer in effect? I'm confused by the "Request for Entry of Default" vs "Entry of Default"
2) In addition to her failure to appear at the Jan CMC, I forgot to remind the judge that the case was filed in April 2012 and the defendant never filed an answer to the complaint, failed to show to her deposition and refused to participate with discovery. She wouldn't even work with the mediator so he finally recused himself. I don't know what to do from here?
It sounds like you got an entry of default, not a default judgment. They are different.
Answers are for informational purposes, not legal advice for your specific situation. www.appealsandhabeas.com
Personal Injury Lawyer
You have to submit a default judgment to be signed by the judge. There is usually a self-help center around any courthouse that provides the forms you need to obtain a judgment of this sort. Also, you can call the Judicial Executive Assistant and she will usually tell you the documents you need to file to obtain your judgment. Each court in each locality is slightly different.
I agree with the other attorneys responses, sounds like if you were assigned to mediation that the request for default may have been continued or if you had an entry of default it may have been set aside by the judge? If not, you need to do a prove up with the amount of damages and submit evidence in support, once you get that done and a default judgment, then you need to serve the defendant with a notice of entry of default and judgment in order to start time for defendant's appeal to run and so you can start collecting on the judgment.
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