Default judgment in an AP

[mysticspirit25]

Ok, so some of you may have ready my posts about my buddy who fought his HELOC and other creditors in his BK7 (from 09) that violated the discharge order. He had one last AP filed against an alarm company and their collection agency. They failed to reply, so he obtained a clerks entry of default. What happens next. Do you have to turn a clerks default into a real judgment, or is that a real judgment? He is pro se, and my knowledge this far in the game is very limited.

[justbroke]

Yes. You need to take this to default summary judgment. However, since it is probably of an amount determinant (a precise amount calculated based on some agreement), it will probably go before the judge and the judge may just ask the defendant to show cause (and appear).

Unfortunately, your friend should have known procedure in a Federal Case (FRCP, FREv.) before filing an adversary proceeding. There are very specific things you need to do. Your friend may also want to attempt to settle the adversary at this point as well (which is what I did).

[mysticspirit25]

I understand, but a clerk has already entered a default against the Defendant, a collection agency. There was no amount determinant, he just claimed something like $30,000 for each count/violation of whatever law was violated. The clerk entered a default. Thats all I know at this point.

[justbroke]

You still need to understand the process and what happens next. I would get the FRCP and FREv. out and then make a Motion for Default Summary Judgment and get it before the Judge. The defendant may still complain of improper service, since it has to be served on an agent or officer of the company at the right address! You'll still probably need to do the pre-trial conference as well, where your initial motions will be heard.

This is not "easy" stuff. I would find out "procedurally" that next step and get those papers filed and served.