Today we are going to talk about getting judgments overturned. We will present a sample lawsuit that can be modified and filed.

The arguments are all here that should make it a go.

Taking account orproof or assessment of damages on default or decision of issue of law.
Trial court could not award damages to plaintiff, following default judgment without requiring evidence of damages.
Razorsoft, Inc. v. Maktal, Inc., Okla. App.Div. 1, 907 P.2d 1102 (1995), Rehearing denied. A party is not in default so long
as he has a pleading on file which makes an issue in the case that requires proof on the part of the opposite party in order to
entitle him to recover. Millikan v. Booth, Okla., 4 Okla. 713, 46 P. 489 (1896),

Proof of or assessment of damages upon petition claiming damages, it is error to pronounce judgment without hearing proof or
assessing damages. Atchison, T. & S.F. Ry.Co. v. Lambert, 31 Okla. 300, 121 P. 654, Ann. Cas. 1913E, 329 (1912)"
City of Guthrie v. T.W. Harvey Lumber Co., 5 Okla. 774, 50 P. 84 (1897).

In the assessment of damages following entry of default judgment, a defaulting party has a statutory right to a hearing of
unliquidated damage, and encompassed within this right is the opportunity to a fair post-default inquest at which both the
plaintiff and the defendant canparticipate in the proceedings by cross-examining witnesses and introducing evidence on their
own behalf.
Payne v. Dewitt, Okla., 995 P.2d 1088 (1999)

A default declaration, imposed as a discovery sanction against a defendant, cannot extend beyond saddling defendant with
liability for the harm occasioned and for imposition of punitive damages, and the trial court must leave to a meaningful inquiry
the quantum of actual and punitive damages, without stripping defendant of basic forensic devices to test the truth of
Plaintiff's evidence..
Payne v. Dewitt, Okla., 995 P.2d 1088 (1999)

Fracture of two toes required expert medical testimony as to whether such injury was permanent so as to allow damages
for permanent injury, future pain, and future medical treatment on default judgment, and such testimony was not within
competency of plaintiff who had no medical expense.
Reed v. Scott, Okla., 820 P.2d 445, 20 A.L.R. 5th 913 (1991)

Rendition of default judgment requires production of proof as to amount of unliquidated damages.
Reed v. Scott, Okla., 820 P.2d 445, 20 A.L.R. 5th 913 (1991)

When face of judgment roll shows judgment on pleadings without evidence as to amount of unliquidated damages then
judgment is void.
Reed v. Scott, Okla., 820 P.2d 445, 20 A.L.R. 5th 913 (1991)

I a tort action founded on an unliquidated claim for damages, a defaulting party is deemed to have admitted only plaintiff's
right to recover, so that the court is without authority or power to enter a judgment fixing the amount of recovery in
the absence of the introduction of evidence
Graves v. Walters, Okla. App., 534 P.2d 702 (1975)

Presumptions which ordinarily shield judgments from collateral attacks were not applicable on motion to vacate a small claim
default judgment on ground that court assessed damages on an unliquidated tort claim without first hearing any supporting
evidence.
Graves v. Walters, Okla. App., 534 P.2d 702 (1975)

Rule that default judgment fixing the amount of recovery in absence of introduction of supporting evidence is void and not
merely erroneous or voidable obtains with regard to exemplary as well as compensatory damages.
Graves v. Walters, Okla. App., 534 P.2d 702 (1975)

Where liability of father for support of minor daughter and extentof such liability and amount of attorney's fees to be allowed
was dependent on facts, rendering of final judgment by trial court requiring father to pay $25 monthly for support of minor
until minor should reach age of 18 and $100 attorney's fees without having heard proof thereof in support of allegations in
petition was error.
Ross v. Ross, Okla., 201 Okla.174, 203 P.2d 702 (1949)

Refusal to render default judgment against codefendant for want of answer was not error, since defendants and court treated
answer of defendant on file as having been filed on behalf of both defendants, and since plaintiff could not recover without
offering proof of damages and offered no such proof.
Thomas v. Williams, Okla., 173 Okla. 601, 49 P.2d 557 (1935).

Under R.L. 1910, §§ 4779, 5130 (see, now, this section and § 2007 of this title), allegation of value, or amount of damages
stated in petition, were not considered true by failure to controvert.
Cudd v. Farmers's Exch. Bank of Lindsay, Okla., 317, 185 P. 521 (1919).

Hearing Trial court's discovery sanction barring defendant from using cross-examination and other truth-testing devices at
post-default nonjury hearing on plaintiff's damages violated due process.

Payne v. Dewitt, Okla., 995 P.2d 1088 (1999)




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