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

• Category: Letters - Legal - Judgments
• State: Multi-State
• Control #: US-0368LTR
• Format: Word; Rich Text

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 Code] [Email Address] [Phone Number] [Date] Clerk of the Court [Name of the Court] [Address Line 1] [Address Line 2] [City, State, Zip Code] Re: Request for Default Judgment with Supporting Affidavit Case Name: [Plaintiff's Name] v. [Defendant's Name] Case Number: [Case Number] Dear Clerk of the Court, I am writing to file a Request for Default Judgment with Supporting Affidavit in the above-mentioned case. I kindly request that you process this request and facilitate the timely resolution of this matter. 1. Case Summary: Provide a brief overview of the case, emphasizing the nature of the dispute and the parties involved. Include relevant dates, actions taken by both parties, and any significant information that helps contextualize the request. 2. Basis for Default Judgment: Explain why the defendant is in default. Mention the specific rule, statute, or court order that defines the defendant's obligation to respond, as well as the relevant timeframe for response. State that the defendant failed to answer, plead, or otherwise respond to the plaintiff's complaint within the required time limits. 3. Service of Process: Detail the various methods employed to serve the defendant with the summons and complaint, ensuring compliance with New York state laws regarding service of process. Specify the date(s) and manner(s) of service, providing supporting documentation if available. 4. Affidavit of Default: File an Affidavit of Default, signed by the plaintiff or plaintiff's attorney, attesting to the defendant's failure to respond within the prescribed time. Affirm under penalty of perjury that the information in the affidavit is true and accurate. 5. Affidavit of Merit: Include an Affidavit of Merit, if applicable, to provide additional evidence supporting the plaintiff's claim. This affidavit may contain witness statements, expert opinions, or any other relevant information to strengthen the case and justify the requested default judgment. 6. Requested Relief: Specify the requested relief sought by the plaintiff. This may include a specific sum of money, injunctive relief, or any other appropriate remedy according to the nature of the case. Clearly state the legal basis for the requested relief, referencing relevant statutes or legal precedents. 7. Supporting Documents: Ensure that all necessary supporting documents, such as the complaint, summons, proof of service, and any other pertinent exhibits, are attached to the request. Organize the documents in a well-structured manner and provide a comprehensive index for easy reference. I have enclosed copies of all the required documents for your review and consideration. I kindly request that you file this Request for Default Judgment with Supporting Affidavit, enter the default against the defendant, and proceed with the necessary legal steps to bring this matter to a satisfactory conclusion. Thank you for your attention to this important request. I trust that the court will administer justice in a fair and timely manner. Should you require any additional information or have any questions, please do not hesitate to contact me at the provided phone number or email address. Yours sincerely, [Your Name]

[Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] Clerk of the Court [Name of the Court] [Address Line 1] [Address Line 2] [City, State, Zip Code] Re: Request for Default Judgment with Supporting Affidavit Case Name: [Plaintiff's Name] v. [Defendant's Name] Case Number: [Case Number] Dear Clerk of the Court, I am writing to file a Request for Default Judgment with Supporting Affidavit in the above-mentioned case. I kindly request that you process this request and facilitate the timely resolution of this matter. 1. Case Summary: Provide a brief overview of the case, emphasizing the nature of the dispute and the parties involved. Include relevant dates, actions taken by both parties, and any significant information that helps contextualize the request. 2. Basis for Default Judgment: Explain why the defendant is in default. Mention the specific rule, statute, or court order that defines the defendant's obligation to respond, as well as the relevant timeframe for response. State that the defendant failed to answer, plead, or otherwise respond to the plaintiff's complaint within the required time limits. 3. Service of Process: Detail the various methods employed to serve the defendant with the summons and complaint, ensuring compliance with New York state laws regarding service of process. Specify the date(s) and manner(s) of service, providing supporting documentation if available. 4. Affidavit of Default: File an Affidavit of Default, signed by the plaintiff or plaintiff's attorney, attesting to the defendant's failure to respond within the prescribed time. Affirm under penalty of perjury that the information in the affidavit is true and accurate. 5. Affidavit of Merit: Include an Affidavit of Merit, if applicable, to provide additional evidence supporting the plaintiff's claim. This affidavit may contain witness statements, expert opinions, or any other relevant information to strengthen the case and justify the requested default judgment. 6. Requested Relief: Specify the requested relief sought by the plaintiff. This may include a specific sum of money, injunctive relief, or any other appropriate remedy according to the nature of the case. Clearly state the legal basis for the requested relief, referencing relevant statutes or legal precedents. 7. Supporting Documents: Ensure that all necessary supporting documents, such as the complaint, summons, proof of service, and any other pertinent exhibits, are attached to the request. Organize the documents in a well-structured manner and provide a comprehensive index for easy reference. I have enclosed copies of all the required documents for your review and consideration. I kindly request that you file this Request for Default Judgment with Supporting Affidavit, enter the default against the defendant, and proceed with the necessary legal steps to bring this matter to a satisfactory conclusion. Thank you for your attention to this important request. I trust that the court will administer justice in a fair and timely manner. Should you require any additional information or have any questions, please do not hesitate to contact me at the provided phone number or email address. Yours sincerely, [Your Name]