[joshuaheard]

I do commercial collections (B2B). The article states, "Unlike most court rulings, these judgments are issued, as the name indicates, by default and without consideration of the facts of the complaint—and instead are issued in cases where the defendant does not show up to court or respond to the suit." I am licensed in California and Texas, and in both states one must "prove-up" a default before judgment is entered by presenting a "prima facie" case. In other words, you must prove your case before a judgment is entered, even if the defendant does not show up.

[pnw_hazor]

Generally you don't have to prove your case, you need to provide enough evidence to meet the prima facie threshold. In some cases, a declaration and blurry copy of an invoice will do depending on the state and the stakes.

Still in consumer debt collection, even if they can prove the debt, predatory/volume collection firms tend to fold if an answer is filed. Not always of course, since as you know many factors may come into play.

[makomk]

The article specifically mentions later on that California has stricter proof requirements in order for debt collectors to get default judgments. Unfortunately, most other states apparently don't do this.

[beervirus]

I was under the impression that a well-plead complaint was sufficient if the defendant doesn't show up. What rule says you have to actually put on a case to get a default judgment?

[joshuaheard]

In California, it's CCP 585.

https://leginfo.legislature.ca.gov/faces/codes_displaySectio....

It's a two step process. First your get the default entered if they don't respond, then you ask for judgment for damages. Maybe that's where the confusion lies. The default is entered by request almost automatically if they don't respond. Getting your judgment for damages requires evidence to prove your case.

[pnw_hazor]

Don't forget the third step, collecting on the judgment. This is often the hardest part.