[Your Name] [Your Address] [City, State, ZIP] [Date] [Name of Clerk] [Court Name] [Court Address] [City, State, ZIP] Re: Request for Default Judgment in [Case Number] Dear [Name of Clerk], I am writing to submit a Request for Default Judgment in the above-mentioned case. I have attached a Supporting Affidavit to substantiate my claim. Pursuant to Pennsylvania Rules of Civil Procedure, I kindly request that you process and file this request accordingly. I am the plaintiff in this case and despite the defendant being duly served with the summons and complaint, they have failed to answer or respond within the allocated time frame as outlined in the Rules of Civil Procedure. As a result, I am seeking a default judgment in my favor. This request is based on the following grounds: 1. Proper Service: I have made diligent efforts to serve the defendant with the necessary legal documents. These documents include the summons, complaint, and notice of the impending default judgment. Each of these documents was served in accordance with the rules governing service of process in Pennsylvania. 2. Non-Compliance: The defendant has failed to respond timely or file an answer, motion, or other responsive pleading within the timeframe set forth by the Rules of Civil Procedure. The deadline for their response has now lapsed, and they have shown no intention to defend themselves against this claim. 3. Merits of the Case: Upon review of the case, its merits strongly weigh in my favor. I have provided convincing evidence, as outlined in the attached Supporting Affidavit, proving the defendant's liability and my entitlement to the relief sought. There is no genuine dispute regarding the facts of this case. Attached to this letter, you will find the Supporting Affidavit, which includes relevant exhibits and documents that further support my claim. This includes, but is not limited to, copies of the complaint, proof of service, and any supporting documentation that substantiates my case. I kindly request that you promptly review these materials, acknowledge receipt, and enter a default judgment in my favor. Additionally, please notify me of any additional steps required to proceed with the default judgment process. Thank you for your attention to this matter. If you require any further information or documentation, please do not hesitate to contact me at [Your Phone Number] or [Your Email Address]. Yours sincerely, [Your Name]
Pennsylvania 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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FAQ
You send this notice 10 days in advance when you intend to take judgment by default upon an opposing party due to that party's failure to file an answer or preliminary objections to the complaint within the required time frame.
Default. File a praecipe for judgment, a dated copy of the 10 day notice, and a Pennsylvania Rule 236 form. If the debtor is an individual, you must file a notarized affidavit of nonmilitary service. File an original and a copy for each debtor with a Rule 236 form.
Deferment or Forbearance A good first step is to contact your lender as soon as you realize that you may have trouble keeping up with your payments. The lender may be able to work with you on a more attainable repayment plan or help you obtain deferment or forbearance on your loan payments.
To have the default judgment set aside the defendant must show the court that: ????there is a good reason why they did not file a defence within 28 days. they have a bona fide (genuine) defence. they applied to set aside default judgment as soon as they became aware of it.
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.
After a default judgment, the Plaintiff will try to collect the money you owe. The Plaintiff may be able to take money from your paycheck or bank account and put a lien on your property. If you don't have any assets to pay the debt, you can let the Plaintiff. They may give up or try to collect in the future.
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.
