Comments on: Update: Pizza Hut door victim awarded $311K

By: Justinian Lane

Justinian Lane — Mon, 21 May 2007 20:01:29 +0000

Getting a default judgment doesn’t mean much. I personally got a $100k default judgment in a Fair Credit Reporting Act case I filed. Funny thing happened about two days after the company got the judgment: They stopped ignoring me and my lawsuit.

We “resolved it amicably” after the judge overturned the default when they responded.

By: Ross

Ross — Mon, 21 May 2007 16:36:35 +0000

There is a limit. It’s called evidence.

The judge performs a “prove-up” hearing without the defendant present and the plaintiff has to prove her damages to the judge and that the defendant is liable for those damages.

The judge is not pulling the $311K out of thin air or simply adopting plaintiff’s number.

Also, at least in California, the defendant has six months from the date judgment is entered to set aside the judgment and allow the defendant to reenter the action.

By: William Nuesslein

William Nuesslein — Mon, 21 May 2007 11:52:09 +0000

I know of the reasonable rule that you lose if you don’t show up, but there must be a “pound of flesh” limit to it. A default settlement of $500 would make sense in this case, not $311K!