hello again. I need some additional input concerning how best to proceed. hopefully you have our previous conversations available for reference. I am acting pro se for my case and do not have some needed experience in court procedures.
Defendant has chosen not to respond to or complete the court ordered ADR. Therefore I am filing a motion for sanctions. Under the sanctions, I am asking the court to render a judgment by default against the disobedient party, which I believe is allowed under SCRCP Rule 37(b)(2)(c). SC ADR Rule 10(b) says any sanctions under that rule can apply.
1- Do you think that asking for a default judgement is correct, or whether the court might concur?
2- If so, do I need to attach settlement details to the motion for sanctions which identify the amounts I am seeking and the amount of legal costs I encured? The summons and complaint doc identify those issues but did not give the details for arriving at a figure. I am wondering if the court needs any numbers or calculations before rendering a default judgement, or if I just provide those later? In other words how and when do I present the actual settlement numbers?
1 Answer from Attorneys
At this point in the process, it would be in your best interests to seek a paid legal consultation with an attorney whereby the facts of your situation could be fully vetted and you could get a fuller understanding of what your legal options might be.
Best of Luck!
William J. Lasko
Attorney at Law
tel# 203 329-6602