Parish

In this case we confront a conundrum created by the interplay of various provisions of the Code of Civil Procedure governing the contents of complaints, the service of process, and the methods of obtaining a default judgment. Under the express statutory scheme, there is no provision for a defaulting defendant in a personal injury action who had been served by publication to be subsequently served with a statement of the damages sought by the plaintiff. The trial court found this lack of express statutory directive for such a statement to be determinative and consequently ruled that failure to serve a statement of damages did not entitle the defendant to relief from default.

In the published portion of this case, we hold that the proper service of a statement of damages or its equivalent, although not expressly required by statute under these circumstances, is compelled by due process. In the absence of the proper service of such a constitutionally required notice, the court lacks jurisdiction to enter a default judgment. We further conclude that a prayer in the complaint for “compensatory damages according to proof” fails to give the requisite notice and hence cannot act…