Legal Question in Civil Litigation in Rhode Island

Re: Rule 55 - Default Judgment

I'll assume you're talking about Mass. state law.

My primary advice is to find and ask a Mass. atty.

My second response is, under Mass. rules, in a word,

yes, the clerk will do that for you, of course, as

far as I can tell from your question. Are you

sure you want to do that? I can envision some

situations where you would not. Do you have the

advice of an attorney? (Did that attorney tell

you that you couldn't?) If not, did you let your

attorney go? Are you an attorney?

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.

Re: Rule 55 - Default Judgment

You need to see an attorney to weigh your goals against the possible options that you have. You seem to be looking for "fast" justice, but getting a Clerk to enter judgement will not put money in your pocket. The Court may be suspicious of you if you try to do that, thinking that the other party may have been defaulted without being given notice (it does happen). Rule 55 has a number of subparts, depending on who the defendant is, how the damages aroze, what state you are in, and what Court in that state you are in -- the answers may be different. If the unascertained claim is very small compared to the "sum certain" claim, you could dismiss the claim for the unascertained amount, but you should do that with an attorney's assistance, so that you do not create a situation in which the defendant might be able to set aside the entire case at a later date.

Thomas Workman

Law Offices of Thomas Workman

41 Harrison Street

Re: Rule 55 - Default Judgment

I have never heard of the judgment being split in this manner. A judge could order a split but only on a

motion. If you are going to bring a motion for this to occur, you should bring a motion to assess

damages instead.

Alan Pransky

Law Office of Alan J. Pransky

20 Eastbrook Road