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We have a judge who is reluctant to grant a default judgment on our forfeiture cases even after we have jumped through all the hurdles and the defendant has failed to answer. Any suggestions on how to proceed?
 
Posts: 6 | Registered: June 08, 2010Reply With QuoteReport This Post
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Well, depends on the judge. You can try a mandamus, but that may fail since the default may not be considered something you are entitled to as a matter of right, but more of a discretionary act - and it is not likely to have a positive effect on your working relationship with the judge. Another alternative would be to ask that the case be set for a jury trial. Judge is not likely to want to summon a panel, then have you present your case and no defendant show. It is likely that at that point the judge would grant you the judgment. It is also likely that you would not have to go through that pointless exercise again. And if there has not been a jury demand, of course you can ask the judge to set it for trial (not technically a default), and present your evidence, then request judgment based on the evidence.
 
Posts: 325 | Location: Texas, USA | Registered: November 16, 2004Reply With QuoteReport This Post
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