§ Rule 55-II. Ex Parte Proof of Pecuniary Losses; Deficiency Judgment

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Rule 55-II. Ex Parte Proof of Pecuniary Losses; Deficiency Judgment

(a) Ex Parte Proof of Pecuniary Losses.In any action for property damage or other pecuniary losses or any action in which there is filed a praecipe withdrawing all claims other than those for such property damage or such pecuniary losses, wherein a default has been noted, judgment may be entered upon the filing, within 60 days of the default, of a motion for judgment along with an affidavit meeting the requirements of Rule 56(e) and setting forth: (1) The specific pecuniary loss sustained, (2) its causal relationship to the factual situation set forth in the complaint and (3) that a copy of the motion was sent to defendant at the defendant's last known address notifying the defendant that any objections thereto must be received by the Clerk within 20 days. The affidavit provided with the motion shall be accompanied by (1) a paid bill for the work done or an estimate of value from a person, firm or company regularly engaged in the business of doing such work or in the event of total loss, regularly engaged in the estimation of such losses, or a sworn statement from plaintiff's employer setting forth plaintiff's rate of compensation and the days and hours plaintiff was unable to work on account of the matters alleged in the complaint, or a statement of account from a health care provider or facility setting forth the reasonable and necessary charges incurred by plaintiff for treatment of injuries received as a result of the occurrence alleged in the complaint, and where applicable, (2) a Form CA 114 that complies with the Servicemembers Civil Relief Act (2003) (50 U.S.C. App. § 501 et seq.). Thirty days after the filing of such motion, the Clerk shall forward to the judge assigned to the case the motion, the affidavit, supporting papers, and any objection received by the Clerk. The judge may enter judgment for the amount alleged in the affidavit or for such lesser sum as may be warranted by all materials of record, including defendant's objection, if any, or may schedule the matter for an ex parte proof hearing, as appropriate. If the Form CA 114 indicates that the defendant is in the military or that his or her military status is unknown, the Court shall follow the procedures set forth in Section 201 of the Servicemembers Civil Relief Act (2003) (50 U.S.C. App. § 521).

(b) Deficiency Judgment.A deficiency judgment after repossession of personal property may be granted as provided in paragraph (a) of this Rule. However, the motion, affidavit and supporting documents must set forth a basis on which the Court can reasonably conclude that said plaintiff complied with applicable law and that said property was resold for a fair and reasonable price.