[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Clerk's Name] Clerk of Superior Court [County Name] County [County Address] [City, State, ZIP] Re: Filing Default Judgment Signed by Judge Dear [Clerk's Name], I hope this letter finds you in good health and high spirits. I am writing to request the filing of a Default Judgment signed by a Judge in accordance with the laws and regulations of North Carolina. Enclosed, please find the necessary documents required for this filing. 1. Caption: The document should have a clear and concise caption that specifies the parties involved in the case, their respective roles (plaintiff/defendant), and the case number assigned by the court. For example: [Plaintiff's Name] vs. [Defendant's Name] Case No: [Case Number] 2. Notice of Default: This document outlines the date by which the defendant was required to respond to the complaint or summons but failed to do so. It should state that the defendant is now in default. 3. Affidavit of Default: A sworn statement provided by the plaintiff or their attorney, confirming that the defendant failed to respond within the specified time frame. This document should include details such as the date of service, the method used for service, and the specific deadline for response. 4. Motion for Default Judgment: This document formally requests the court to enter a default judgment in favor of the plaintiff. It should provide a clear and concise explanation of why the plaintiff is entitled to a judgment and, if applicable, the requested relief or damages. 5. Proposed Order: A proposed order for the judge's consideration, outlining the terms of the default judgment, including any awarded damages or relief, and any applicable interest or costs. 6. Certificate of Service: A document certifying that copies of the motion, affidavit, and proposed order have been served to the defendant. This ensures that the defendant is made aware of the request for default judgment. I have taken the liberty to ensure that the enclosed documents meet all the North Carolina legal requirements for filing a Default Judgment signed by a Judge. However, please let me know if any additional documentation or information is necessary to complete the filing process efficiently. Thank you for your attention to this matter. I kindly request confirmation of receipt and any further instructions or actions required from my end. If you have any questions or concerns, please do not hesitate to contact me at [Phone Number] or [Email Address]. Sincerely, [Your Name]
North Carolina Sample Letter to Clerk for filing Default Judgment Signed by Judge
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FAQ
There are two types of judgments; judgments that are discriminating, and judgments that are evaluative.
The first step in obtaining default judgment is the entry of default. plead or is otherwise subject to default judgment as provided by these rules or by statute.? Rule 55(a). trial judge, however, ?has concurrent jurisdiction and can order entry of default.? Ruiz v. Mecklenburg Utils, Inc., 189 N.C. App.
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.
A default occurs when a defendant/ respondent fails to answer the suit upon service within the time allowed by law. Summary judgment occurs upon motion of one of the parties to litigation that, upon the facts in evidence, the moving party is entitled to a judgment as a matter of law.
A Clerk Default Judgment may be obtained in an. action arising from a contract for the recovery of. money or damages where the relief sought is fixed. The judgment may be entered immediately following. the entry of default.
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 the amount due?must enter judgment for that amount and costs against a defendant who has been defaulted for not appearing and who is neither a minor nor an ...
Typically, the default process begins when the defendant has not responded to a properly served summons and complaint. When this happens, a defendant is ?in default,? and the plaintiff can take the first step to obtain an entry of default against the defendant. (See Cal. Rules of Court, rule 3.110.)
An entry of default is the first step to obtaining a default judgment against a party, and allows you to proceed in the action without further notice or input from the opposing party. An entry of default can come in two forms, an entry by the clerk or an entry by the judge.
