Louisiana Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit
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How to fill out Sample Letter To Clerk For Filing Request For Default Judgment With Supporting Affidavit?
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Art. 2782. A creditor wishing to have a judgment of a Louisiana court made executory, as provided in Article 2781, may file an ex parte petition complying with Article 891, with a certified copy of the judgment annexed, praying that the judgment be made executory.
Default. (a) Entry . When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default.
The default process has been streamlined, but there are new notice requirements to keep in mind. There are no longer preliminary defaults and the new law requires written notice of plaintiff's intent to secure a default at least seven days prior to a default judgment in some cases unless notice is waived.
(1) If a defendant in the principal or incidental demand fails to answer or file other pleadings within the time prescribed by law or by the court, and the plaintiff establishes a prima facie case by competent and admissible evidence that is admitted on the record, a default judgment in favor of the plaintiff may be ...
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.
A judgment of default must be confirmed by proof of the demand sufficient to establish a prima facie case. If no answer is filed timely, this confirmation may be made after two days, exclusive of holidays, from the entry of the judgment of default.
The state of Louisiana is unique in that nearly all civil actions have a one-year statute of limitations (most states range from two to five years for more claims). The exceptions are the three-year limits on collections of rent and debts and a 10-year statute of limitations for contracts and judgments.
The plaintiff shall submit to the court the proof required by law and the original and not less than one copy of the proposed default judgment. The judge shall, within seventy-two hours of receipt of such submission from the clerk of court, sign the proposed default judgment or direct that a hearing be held.
