I went to court today and the judge ruled a default for my case. Now I have this paper to fill out and I am ?

Question

the part where it says,

"1. (Fill in name of person) is being duly sworn upon his/her oath deposes and says:

2. I am fully familiar with all of the facts and all of the proceedings in the above matter.

3. The defendant/debtor is not a minor and is not a mentally incapacitated person.

4. The defendant/debtor's address is (blank) and I am aware that the defendant/debtor's address os business location is at this location because (blank).

SO ON

MY TWO QUESTIONS ARE:

1. Do I have to have call this person and make her swear under oath for the above? I know she won't do it.

and

2. What does pre-judgment interest mean? Can I just write the amount in the Principal amount and court costs? It also says the date of the breach. The person towed my car illegally. Would that day be the breach?

I really just want to know if I need to have her sworn testimony on the phone or can I just fill this out and send it?

Answer 1

It's not for her.....it's for you.  You are swearing that "to the best of YOUR knowledge", etc. etc.

For the other questions, I would ask the Clerk's Office, this may be something that the court fills out.

Answer 2

You don't have to contact the other person.

Where it says: ""1. (Fill in name of person) is being duly sworn upon his/her oath deposes and says:" put in YOUR name.

Where it says "4. The defendant/debtor's address is (blank) and I am aware that the defendant/debtor's address os business location is at this location because (blank)." put in the address of the person who owes you money. Put in that you found their address in the Yellow Pages, or you have seen the address, or you grew up around there or whatever it is that makes you know that the business is located there.

Prejudgment interest is the amount you think you're owed before the judge tells you what he thinks you're owed.

The date of the breach is the date the other person didn't do what they were supposed to. i'd use the date the car was towed.

Good luck.

-Stuart

Answer 3

YOU are the person being sworn, not the idiot who towed your car.  All you want is to serve her and get her to reimburse cost of tow, right? Good luck.  Your getting a judgment against her is only worth the paper it's printed on.  Then you have to collect on the judgment.  Is it worth it?

Answer 4

You are the one who is swearing that of your own knowledge the defendant is not a minor or mentally incapacitated.