Jones

This case involves the appeal of a trial court’s order setting aside a default judgment entered against defendants. The underlying facts involve the repossession of plaintiffs’ automobile. Plaintiffs filed their initial complaint for trespass, assault, conversion and infliction of emotional distress against the Bank of America. Codefendant, Interstate Recovery Service, was subsequently served as Doe I. While in the process of apparently wrongfully repossessing plaintiffs’ automobile, employees of defendant Interstate Recovery Service were surprised by plaintiffs. Plaintiff Acqueanetta Jones, pregnant at the time, was apparently thrown up against the wall of the garage. Plaintiffs’ children were also present when this incident occurred and it is alleged they have suffered emotional injury as a result.

Personal service was effected on defendant Interstate Recovery Service on January 26, 1983. Concerning the first cause of action, trespass, the complaint specifically requested general damages in the sum of $5,000 and punitive damages in the sum of $250,000; concerning the second cause of action, assault, plaintiffs specifically requested $25,000 in general damages and…