Connecticut Sample Letter Purveying Settlement Offer and threatening filing for Default Judgment

State:
Multi-State
Control #:
US-0090LTR
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

How to fill out Sample Letter Purveying Settlement Offer And Threatening Filing For Default Judgment?

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FAQ

A court may enter a default judgment against a party that fails to respond to a claim or to litigate in its own defense. In such cases, the party asserting a claim wins by ?default? due to the responding party's failure to defend itself or otherwise participate meaningfully in the litigation.

A motion for default and judgment, affidavit of debt, military affidavit, and bill of costs may be filed in any civil action that is based upon an express or implied promise to pay a definite sum and claiming only liquidated damages. (Section 17-23 et seq. of the Connecticut Practice Book).

(a) Any judgment rendered or decree passed upon a default or nonsuit in the Superior Court may be set aside, within four months following the date on which it was rendered or passed, and the case reinstated on the docket, on such terms in respect to costs as the court deems reasonable, upon the complaint or written ...

?If a party fails to comply with an order of a judicial authority or a citation to appear or fails without proper excuse to appear in person or by counsel for trial, the party may be nonsuited or defaulted by the judicial authority.? Conn. Practice Book § 17-19 (2022).

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.

Keep in mind, judgments issued by Connecticut Superior Courts are enforceable for up to 20 years and can possibly be revived for an additional period of time if proper procedure is followed before the expiration date.

If default judgment has been entered correctly, the defendant can still apply to set the judgment aside but will need to convince the court that the test for setting judgment aside has been met.

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Connecticut Sample Letter Purveying Settlement Offer and threatening filing for Default Judgment