In a federal lawsuit against few defendants, except one defendant, other defendants did not answer to the lawsuit/complaint despite being served properly. So how to request or enter a default against the defendants who did not file an answer. The plaintiff mentioned that the damages need to be computed based on the pain & suffering of economic and other damages perceived by the plaintiff and the lawsuit requested the judge/jury to decide on the amount. In this case, how one can get the amount or who decides that?
Quite a few of the defendants are wealthy and work in government office. So how to get default judgment against them and how to get it executed and collect money from them?
You refer to "the plaintiff" in the third person. If you are not the plaintiff, have you filed claims against the other defendants that they have failed to answer? If you do not have affirmative claims for relief, then you cannot obtain a default judgment--only the plaintiff could do that. The plaintiff is correct that the judge (or potentially a jury) would need to decide the amount of damages before a judgment could be entered. Once a judgment is entered, you can begin collections, but typically federal courts do not like to oversee collection efforts. You might want to domesticate the judgment in a state court.
You file a motion to take a default judgment and to request a hearing on damages. You may want to dismiss the defendant that answered or file a motion to sever that portion of the lawsuit. Many times it doesn't help you to take a default. You should consult with an attorney to properly advise you.
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