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

State:
Multi-State
Control #:
US-0368LTR
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.

Dear [Clerk's Name], I am writing to submit a request for a default judgment in the case [Case Number]. As the [Plaintiff/Defendant], I am seeking a default judgment against the [Defendant/Plaintiff] due to their failure to respond or appear in court within the specified timeline. According to the Kansas Rules of Civil Procedure, specifically Rule [Rule Number], a party is required to file a responsive pleading within [number of days] after being served with the original petition. In this case, the [Defendant/Plaintiff] failed to do so within the prescribed time, essentially defaulting on their obligations. Attached to this letter, you will find a supporting affidavit, which details the facts and circumstances of this case, and provides evidence to support my request for a default judgment. The affidavit includes relevant information such as the dates of service, the lack of response, and any correspondences made between the parties. This document serves as a means of substantiating my claim and highlights that the [Defendant/Plaintiff] has not acted in accordance with the legal requirements. It is crucial to note that a default judgment should only be requested when the [Defendant/Plaintiff] has been properly served with the complaint and had sufficient time to respond. In this case, we have adhered to all legal procedures and given the [Defendant/Plaintiff] ample opportunity to participate in the proceedings. The granting of a default judgment will allow for a resolution in this case and bring a timely conclusion to the legal matter at hand. I kindly ask that you review the enclosed documents and proceed with filing the default judgment accordingly. Thank you for your attention to this matter. If you require any additional information or have any questions, please do not hesitate to contact me. Sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Phone Number] [Email Address] Keywords: Kansas, sample letter, clerk, filing, request, default judgment, supporting affidavit, types

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

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FAQ

The court must set aside a default judgment if you: have paid the whole amount owed (including any interest and costs) before the date the creditor entered judgment; sent back the acknowledgment of service form within the time limit; put in a defence within the time limit; or.

Judgment is a void judgment if court that rendered judgment lacked jurisdiction of the subject matter, or of the parties, or acted in a manner inconsistent with due process, Fed.

If we set aside a decision, it means we agree or partially agree the original decision was wrong. We might replace it with a new decision or we might remit the decision which means we send the matter back to the department to make a new decision in ance with our instructions or recommendations.

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.

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.

Once the judgment is set aside, the case starts up again. If you do not file an answer with the court to defend against plaintiff's complaint, you could again be defaulted and another default judgment could be entered against you.

Removing A Judgment from Your Record There are only three ways in which a judgment can be made to go away: paying the debt, vacating the judgment or discharging the debt through bankruptcy.

To ask a court to set aside (cancel) a court order or judgment, you have to file a ?request for order to set aside,? sometimes called a ?motion to set aside? or ?motion to vacate.? The terms ?set aside? or ?vacate? a court order basically mean to ?cancel? or undo that order to start over on a particular issue.

More info

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 ... To request an arrest warrant affidavit or sworn testimony, use forms provided by the Kansas Judicial Council. These requests are not subject to the Kansas ...Kansas Legal Services provides forms as a service to low income Kansans. Forms are easy to use and interactive. They will ask you easy-to-answer questions ... Sep 25, 1996 — 2. I hereby make application to the Clerk of this Court for entry of default as to defendant SCUBA RETAILERS ASSOCIATION, INC., pursuant to Rule ... Fill out an application to waive the filing fee if necessary. When you file your motion, the court clerk will charge you a filing fee if it is your first ... The following forms are available for free to assist attorneys, judges, and individuals without an attorney. Some categories of forms include basic ... The Plaintiff must complete the default form and submit it to the Clerk's Office for approval. If you do not get a default against the Defendant, he or she ... This typically includes a request for dissolution along with the division of property, child custody, and child support. The "petition" must be complete and ... Ask the court clerk whether it will be necessary for you to request a hearing date or whether the judge will consider your motion without a hearing. What will ...

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