Quote:
Originally posted by WendyB
If is often difficult to determine if a action pending before the court is with or without merit. Here in Kings County, Washington, if the defendant does not appear or file a written denial of the claim or does not dispute the claim, the judge will take testimony from the plaintiff and grant an appropriate money judgment. That testimony is usually a simple formality, and will include the plaintiff presenting proof of service. When a defendant has been served with a notice to appear, and still is a no show, the courts usually don't go seeking more wiggle room. Default judgment, and defendant has thirty days to pay. on the 31st day, that judgment is final, and defendant is fair game for collection.
When a judgment is entered by default, the court doesn't award an amount which is greater than the amount originally requested in the Notice of Claim form, plus costs.. There are many, jurisdictions across the United States, although similar, local laws will dictate proper proceedures.
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You can provide what you consider to be proof of service, however it's not valid proof.
Speak to your lawyer about this. Better yet, speak to a lawyer who has a clue about the internet. If you're filing a claim, the burden of proof is on you. And you can't prove jack.