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That's how default judgements have always been. The person ignored their chance to plead their side of the case, and thus they don't get a say in what the damag
by Sanddancer 10y ago
That's how default judgements have always been. The person ignored their chance to plead their side of the case, and thus they don't get a say in what the damages are ordered, and the only figures the court has are what the plaintiff asked for. If you don't want to have the exhorbitant amounts usually asked for in an initial suit, show up to court.
- bkor 10y ago> If you don't want to have the exhorbitant amounts usually asked for in an initial suit, show up to court. That's not reasonable. If the person for whatever reason doesn't show up, but it is a company vs a person lawsuit, then granting everything doesn't make any sense. There could be various reasons why the person didn't show up.
- Sanddancer 10y agoCourt dates are scheduled months in advance usually. If there's an emergency, then one usually files a motion for a continuance.
- calgoo 10y agoOr Im living 6 months outside the country. From what I know, there is no need to let the government know where I am. Is it now my fault that the legal system cant find me? Is this because civil court dont have a police force that investigates and arrests you?
- manarth 10y agoIn some jurisdictions, a court can dismiss a default judgement, if you show that was a good reason for missing the hearing. That still takes you back to square one though, with an outstanding court case (and missing the next hearing would look pretty negative). If you manage to stay under the radar, you may eventually escape liability by exceeding the time-limits under a Statute of Limitations, but it's usually a risky and lengthy endeavor.
- jaredklewis 10y agoSo how does your system work? Tortfeasors can just get out of damages by not showing up?
- kuschku 10y agoThe court is responsible for notifying each side of the court case, and the case doesn’t proceed until each side has at least been given an actual chance to appear at the court?
- abricot 10y agoIt sounds like the court is giving both sides "an actual chance". But what do you know?
- kuschku 10y agoGiving both sides an actual chance also means that if the person has moved across the country, or is on vacation for a month or two, or so on, that they don’t just get fucked. Giving them a chance means notifying them in multiple ways, or delaying the process until it can be verified that they have been notified.