New Mexico Federal Trial Court Enters Default Judgment Against Defendant Who Does Not Respond to Complaint

Law Office of Matthew Vance, P.C.

Sometimes plaintiffs in New Mexico civil cases win their cases after proceeding to trial. A recent ruling shows that a win can also be had by default when the defendant is non-responsive to service of process.

The plaintiffs in the case were migrant workers, who filed a complaint with the United States District Court for the District of New Mexico under the Migrant and Seasonal Agricultural Worker Protection Act. Service of process was attempted on the defendant on behalf of the plaintiffs, but it was unsuccessful. The plaintiffs successfully moved the court thereafter to allow for alternative service of process. The summons was returned executed and the complaint was left with the defendant’s father at a residence owned by the defendant.

According to the court’s ruling, the defendant against whom default judgment was sought did not file an answer to the complaint by the due date, appear before the court or file any pleadings with the court. A recovery could not be had from a co-defendant, who the court explained had received a discharge in a bankruptcy case, making it essential for the plaintiffs to recover from the defaulting defendant if the law allowed for a default judgment.

The court opened its discussion of liability with a discussion of Rule 55 of the Federal Rules of Civil Procedure. Rule 55 contemplates a two-step process. First the party seeking entry of a default judgment must obtain a Clerk’s entry of default. Next the party must request from the court a default judgment. The plaintiffs had taken both steps.

The court explained that parties are not entitled to default judgment as of right. Rather, whether to enter default judgment in a case is left to the sound discretion of the court. In this case the court was satisfied with the service of process on the defendant’s father at a residence the defendant owned. According to the court the defendant’s father said he was in touch with his son. The court was also satisfied that it could exercise personal jurisdiction over the defendant because the complaint concerned happenings on his farm in New Mexico. The court observed that a decision on the merits is strongly preferred, but at the same time, the court was sympathetic to the plaintiffs because the defendant had been non-responsive and plaintiffs experienced a delay as a consequence. Accordingly the court entered statutory damages in favor of the plaintiffs. The court also concluded that the plaintiffs were entitled to post-judgment interest on the statutory damages.

If you or a loved one has been injured by someone else’s actions you may be entitled by law to receive a monetary award. Collecting can help offset costs resulting from an injury including medical bills and lost wages. The legal process for pursing a recovery can be complex and you should not have to undertake the burden of navigating this legal process on your own. At the Law Office of Matthew Vance, P.C., we zealously represent our clients. To contact the Law Office of Matthew Vance, P.C., please call (505) 242-6267 or contact attorney Matthew Vance online.

Client Reviews

I would recommend his services. They have a very informative staff as well. He helped me gather the most out of my car accident settlement and I'm most thankful that I went with Matt instead of a big name law firm you see on tv. When I was injured he was able to come to my house and do my first...

Audrey I.

Great and honest, helped me a lot to win my case.

Amir S.

Mr. Vance was attentive, diligent and even keeled throughout the process of fighting for my case. He exhibits a quiet and calm confidence in what to do and how to prepare. He always gave me the facts and did not BS me with exaggerated promises. He always treated me and my family as people, not a...

Chris

Matt and his team are amazing. They contacted me when I needed to come into the office to sign forms, and they only bothered me when they had a question on something. They took care of everything from beginning to end. I am so appreciative of them. And would refer them to my closest friends.

C. J.

Matt and his team are absolutely amazing and helped me more than enough with my case. He is very knowledgeable and friendly. He made a very difficult situation, seamless. Thank you so much!

Chris G.

Get in Touch

Fill out the contact form or call us at (505)-242-6267 to schedule your free consult.

  • Schedule a Free Consult
  • No Fees Unless You Win
  • Over 24 Years of Experience

Leave Us a Message