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Colorado Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit

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Multi-State
Control #:
US-0368LTR
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Word; 
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This form is a sample letter in Word format covering the subject matter of the title of the form.
[Your Name] [Your Address] [City, State, ZIP] [Date] Clerk of the Court [Courthouse Address] [City, State, ZIP] Re: Request for Default Judgment with Supporting Affidavit Case No: [Case Number] Plaintiff: [Plaintiff's Name] Defendant: [Defendant's Name] Dear Clerk of the Court, I am writing to request a default judgment in the aforementioned case due to the failure of the defendant to respond within the stipulated timeframe. Enclosed are the necessary documents supporting this request, including the Affidavit of Service. 1. Affidavit of Service: This affidavit provides proof that a copy of the summons and complaint were duly served upon the defendant in accordance with the Colorado Rules of Civil Procedure. It verifies that the defendant was properly notified of the lawsuit and had ample time to respond, which they failed to do so. 2. Certificate of Mailing: As per Colorado law, this certificate is attached to demonstrate that the summons and complaint were accurately and timely mailed to the defendant's last known address via certified mail, return receipt requested. This confirms the due process was followed to guarantee proper notice was given to the defendant. 3. Affidavit in Support of Default Judgment: This document outlines the facts of the case, including any pertinent legal arguments and evidence. It presents a persuasive argument as to why the plaintiff should be awarded a default judgment against the defendant, as they have not responded to the complaint within the required timeframe. 4. Proposed Default Judgment Order: This proposed order requests the court to grant a default judgment and outlines the relief sought by the plaintiff, such as damages, injunctions, or any other appropriate remedies. I kindly request the clerk to review the enclosed documents, enter a default judgment against the defendant, and schedule any necessary hearings or further proceedings. If there are any additional forms or documents required by the court for this type of request, please advise me promptly, and I will be happy to furnish them. Please note that a copy of this letter and all accompanying documents have been sent to the defendant, in compliance with the Colorado Rules of Civil Procedure. Thank you for your attention to this matter. Should you require any further information or clarification, please do not hesitate to contact me at [Your Phone Number] or [Your Email Address]. Sincerely, [Your Name]

[Your Name] [Your Address] [City, State, ZIP] [Date] Clerk of the Court [Courthouse Address] [City, State, ZIP] Re: Request for Default Judgment with Supporting Affidavit Case No: [Case Number] Plaintiff: [Plaintiff's Name] Defendant: [Defendant's Name] Dear Clerk of the Court, I am writing to request a default judgment in the aforementioned case due to the failure of the defendant to respond within the stipulated timeframe. Enclosed are the necessary documents supporting this request, including the Affidavit of Service. 1. Affidavit of Service: This affidavit provides proof that a copy of the summons and complaint were duly served upon the defendant in accordance with the Colorado Rules of Civil Procedure. It verifies that the defendant was properly notified of the lawsuit and had ample time to respond, which they failed to do so. 2. Certificate of Mailing: As per Colorado law, this certificate is attached to demonstrate that the summons and complaint were accurately and timely mailed to the defendant's last known address via certified mail, return receipt requested. This confirms the due process was followed to guarantee proper notice was given to the defendant. 3. Affidavit in Support of Default Judgment: This document outlines the facts of the case, including any pertinent legal arguments and evidence. It presents a persuasive argument as to why the plaintiff should be awarded a default judgment against the defendant, as they have not responded to the complaint within the required timeframe. 4. Proposed Default Judgment Order: This proposed order requests the court to grant a default judgment and outlines the relief sought by the plaintiff, such as damages, injunctions, or any other appropriate remedies. I kindly request the clerk to review the enclosed documents, enter a default judgment against the defendant, and schedule any necessary hearings or further proceedings. If there are any additional forms or documents required by the court for this type of request, please advise me promptly, and I will be happy to furnish them. Please note that a copy of this letter and all accompanying documents have been sent to the defendant, in compliance with the Colorado Rules of Civil Procedure. Thank you for your attention to this matter. Should you require any further information or clarification, please do not hesitate to contact me at [Your Phone Number] or [Your Email Address]. Sincerely, [Your Name]

How to fill out Colorado Sample Letter To Clerk For Filing Request For Default Judgment With Supporting Affidavit?

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Request for Entry of Default (Application to Enter Default) (CIV-100) Asks the court to enter a "default" against the defendant or cross-defendant because they failed to file an Answer or other responsive document in the case.

Rule 58 - Entry of Judgment (a) Entry. Subject to the provisions of C.R.C.P. 54(b), upon a general or special verdict of a jury, or upon a decision by the court, the court shall promptly prepare, date, and sign a written judgment and the clerk shall enter it on the register of actions as provided in C.R.C.P. 79(a).

If you never knew you were being sued, and motion for default judgment is filed against you, you should respond with a Motion to Vacate Judgment, also known as a Motion to Set Aside Judgment.

* After you have been fully paid what you are owed, fill out JDF 111 Satisfaction of Judgment and file it with the court. You must sign this form in front of a Notary Public of court clerk. You can find a Notary Public by looking in the Yellow Pages, on the internet, or by going to your local bank.

If you don't file a response to divorce papers, your spouse can request a default. This means asking the court to decide the case without your input. In a default divorce, the court makes the final decisions based on the information from your spouse, and what the law says, without hearing your side.

Clerk to enter default. Section (a) of this rule provides that the clerk of the court in which an action is pending shall enter default when a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend.

A default judgment can be entered by a clerk or by a judge. In simple civil cases and where the defendant is neither a minor nor an incompetent person, the clerk, with an affidavit showing the amount due, can enter the judgment for that amount.

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The Clerk can grant the request certifying that the defendant has failed to answer, plead or defend. • A request for default judgment is filed in an adversary ... Form 1 A - Eviction SummonsDownload PDF Download Word Document Revised 06/22 ... to File Without Prepayment of Filing/Service FeesDownload PDF Download Word ...Step 5: Service is complete. Return the original Summons (CRCCP Form 1) with proof of service (Affidavit of Service JDF 98) to the Clerk on. Motion for default judgment should have been denied where defendant's answer, though filed late, was filed before default had been entered and before the trial ... If the plaintiff's claim is for a sum certain or a sum that can be made certain by computation, the clerk—on the plaintiff's request, with an affidavit showing ... I. Introduction. After being properly served with the complaint and summons in a civil action, the defendant has a certain amount of time—typically thirty ... There are two ways for a plaintiff to obtain a default judgment. The first is by applying to the Judgment Clerk in the County Clerk's Office. This may only ... To ask the judge to set aside your default judgment, you must file a “motion” (a formal written request) with the court. The Self-Help Center has a form Motion ... PLAINTIFF, v. I RESPECTFULLY REQUEST that [check all that apply] ☐ the Court vacate the default entered against me in this case. ... to file the complaint within the time prescribed rests in the sound legal discretion of the court, because the phrase. ''may be dismissed'' is not the language ...

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Colorado Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit