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New Mexico 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.
[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] Clerk of Court [Court Name] [Address] [City, State, ZIP] Subject: Request for Default Judgment with Supporting Affidavit Dear [Recipient's Name], I hope this letter finds you in good health and high spirits. I am writing to file a Request for Default Judgment in the case of [case name and number]. As per Rule [relevant rule number] of the [state name] Rules of Civil Procedure, I kindly request that you consider and process this request accordingly. Firstly, I would like to provide you with a brief background of the case. [Provide a concise summary of the case, including important events, parties involved, and any relevant legal claims or defenses raised]. Having analyzed the current state of the case, I believe it is necessary to request a Default Judgment due to the following factors: 1. Service of Process: The defendant has been duly served with a copy of the summons and complaint in compliance with the applicable laws and regulations. Enclosed with this letter, you will find the Return of Service or Affidavit of Service, verifying the defendant's receipt of these documents. 2. Defendant's Failure to Respond: The defendant has failed to timely respond to the summons and complaint within the period set forth by the [state name] Rules of Civil Procedure. As a result, they are deemed to be in default, acknowledging their non-compliance with the court's requirements. 3. Validity of Claims: The allegations set forth in the complaint are supported by substantial evidence, and no genuine disputes exist regarding the facts or legal issues surrounding the case. I have attached an Affidavit in Support of Default Judgment, which outlines the essential facts and arguments supporting my request. 4. Relief Sought: In accordance with the relief sought in the original complaint, I request that the court grants the following remedies [list the specific remedies or relief sought, such as monetary damages or injunctive relief]. To assist you in processing this request, I have enclosed the following documents, which I request to be attached to the case file: — Affidavit in Support of Default Judgment — Return of Service or Affidavit of Service — Any other supporting documents (e.g., exhibits, evidentiary materials) I respectfully request that you acknowledge receipt of this request and promptly notify me of any further actions required to ensure the court's consideration of my request for Default Judgment. Additionally, it would be greatly appreciated if you could provide an estimated timeline for the issuance of the Default Judgment so that I may plan accordingly. Should you have any questions or require additional information, please do not hesitate to contact me at the above-listed contact details. I thank you in advance for your attention to this matter and anticipate a favorable resolution. Yours sincerely, [Your Name]

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] Clerk of Court [Court Name] [Address] [City, State, ZIP] Subject: Request for Default Judgment with Supporting Affidavit Dear [Recipient's Name], I hope this letter finds you in good health and high spirits. I am writing to file a Request for Default Judgment in the case of [case name and number]. As per Rule [relevant rule number] of the [state name] Rules of Civil Procedure, I kindly request that you consider and process this request accordingly. Firstly, I would like to provide you with a brief background of the case. [Provide a concise summary of the case, including important events, parties involved, and any relevant legal claims or defenses raised]. Having analyzed the current state of the case, I believe it is necessary to request a Default Judgment due to the following factors: 1. Service of Process: The defendant has been duly served with a copy of the summons and complaint in compliance with the applicable laws and regulations. Enclosed with this letter, you will find the Return of Service or Affidavit of Service, verifying the defendant's receipt of these documents. 2. Defendant's Failure to Respond: The defendant has failed to timely respond to the summons and complaint within the period set forth by the [state name] Rules of Civil Procedure. As a result, they are deemed to be in default, acknowledging their non-compliance with the court's requirements. 3. Validity of Claims: The allegations set forth in the complaint are supported by substantial evidence, and no genuine disputes exist regarding the facts or legal issues surrounding the case. I have attached an Affidavit in Support of Default Judgment, which outlines the essential facts and arguments supporting my request. 4. Relief Sought: In accordance with the relief sought in the original complaint, I request that the court grants the following remedies [list the specific remedies or relief sought, such as monetary damages or injunctive relief]. To assist you in processing this request, I have enclosed the following documents, which I request to be attached to the case file: — Affidavit in Support of Default Judgment — Return of Service or Affidavit of Service — Any other supporting documents (e.g., exhibits, evidentiary materials) I respectfully request that you acknowledge receipt of this request and promptly notify me of any further actions required to ensure the court's consideration of my request for Default Judgment. Additionally, it would be greatly appreciated if you could provide an estimated timeline for the issuance of the Default Judgment so that I may plan accordingly. Should you have any questions or require additional information, please do not hesitate to contact me at the above-listed contact details. I thank you in advance for your attention to this matter and anticipate a favorable resolution. Yours sincerely, [Your Name]

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

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FAQ

The process for setting aside default judgment You will need to make an application to the court regardless of whether consent is obtained, but seeking consent may mean that the claimant does not oppose the application, potentially reducing the costs of the application.

(1) Service may be made upon the State of New Mexico or a political subdivision of the state: (a) in any action in which the state is named a party defendant, by delivering a copy of the process to the governor and to the attorney general; (b) in any action in which a branch, agency, bureau, department, commission or ...

A defendant must file a motion to set aside the judgment and then appeal from the court's ruling on that motion.

Monetary Judgment: A monetary judgment, known as a ?levy,? allows a creditor to take funds directly from your account. Judgment Lien: A judgment lien allows a plaintiff to take control of real property owned by the defendant (that is not exempt) or take the money owed from the sale of that property.

Once a default judgment has been obtained, the Claimant can take enforcement action to recover the judgment sum by, for example, instructing bailiffs, applying for an attachment of earnings order or obtaining a charging order over the Defendant's home.

Difference between Summary Judgment and Default Judgment Default judgment does not call for any assessment of the merits of the case. Summary judgment requires an assessment of a case on the merits: whether the case is bound to fail - or in other words - cannot succeed.

You may be able to negotiate a settlement with the debt collector to allow you to pay off the judgment under better terms. In Limited Civil cases (cases for $25,000 or less), if the other side will not agree to a payment plan, you can ask the judge to order a payment plan.

(A) An appeal to the Court of Common Pleas from an order of the Municipal Court granting or denying a petition to open a default judgment or any other post-judgment order which would have been appealable had it been entered by the Court of Common Pleas shall be filed within thirty (30) days from the date of entry of ...

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An ex parte order modifying an award of custody and child support was not a default judgment but a decision on the merits where, following a hearing, husband ... 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 ...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 ... 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 ... Step 1: EXPLAIN what you are asking the judge to do and why. This is done by filling out a Notice of Motion and Supporting Affidavit form. Contact the clerk of ... Failure to file the relevant response within the required time subjects the claim to entry of default. The initial time to respond to a claim typically is 30 ... STEP ONE: FILE A REQUEST FOR ENTRY OF DEFAULT BY THE CLERK PURSUANT TO RULE 55(a). Pro se parties must file the request for entry of default and affidavit in ... On or after filing the complaint, the plaintiff may present a summons to the clerk for signature and seal. If the summons is properly completed, the clerk must ... 19.05 (1). (2) A motion for judgment under subrule (1) shall be supported by evidence given by affidavit if the claim is for unliquidated damages. On or after filing the complaint, the plaintiff may present a summons to the clerk for signature and seal. If the summons is properly completed, the clerk must ...

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