Subject: Clarification and Correction of Default Judgment in Tennessee — [Your Name] Dear [Recipient's Name], I hope this letter finds you in good health and high spirits. I am writing to address an error in the default judgment recently entered by the court in the case of [Case Name and Number]. It has come to my attention that certain inaccuracies were inadvertently included within the default judgment, and I respectfully request your attention to this matter. As a concerned party in the case, it is crucial to ensure that all legal processes are strictly adhered to, without any errors or irregularities. In light of this, I kindly request the correction of the default judgment previously entered by the court. The primary purpose of this letter is to bring these discrepancies to your attention and seek your guidance on how to proceed with the correction process. I genuinely believe that all parties involved deserve a just and accurate resolution to this matter. To assist you in comprehending the gravity of the issues, I have enclosed a detailed summary of the inaccuracies present in the default judgment. These errors include [list the specific inaccuracies and clearly explain the impact they have on the case and/or the affected parties]. It is critical to rectify these errors promptly to ensure fairness and uphold the principles of justice. In Tennessee, there are various types of sample letters regarding a corrected default judgment that may be relevant in different scenarios: 1. Sample Letter regarding Correction of Default Judgment — General: This letter template can be used when errors or inconsistencies exist in the default judgment, requiring general revisions to ensure accuracy and fairness. 2. Sample Letter regarding Correction of Default Judgment — Monetary Claims: This specific template can be utilized when the errors in the default judgment concern financial aspects. It can address incorrect calculations, improper monetary awards, or any discrepancies related to financial matters. 3. Sample Letter regarding Correction of Default Judgment — Property or Asset Division: If the default judgment involves the distribution of property or assets, this template can help in requesting corrections for any mistakes, omissions, or misinterpretations in the judgment affecting the rightful ownership or allocation of such assets. 4. Sample Letter regarding Correction of Default Judgment — Child Custody and Support: In cases involving child custody or support, this template can be employed to clarify, amend, or rectify any errors within the default judgment that could impact the best interests of the children concerned. I kindly request your immediate attention to this matter, as the timely correction of the default judgment is crucial to guaranteeing a just and unbiased outcome. I would appreciate any guidance or instructions from your esteemed office on the necessary steps to initiate the correction process promptly. Thank you for your understanding and cooperation in this matter. I look forward to your prompt response. Yours sincerely, [Your Name] [Your Contact Information]
Tennessee Sample Letter regarding Corrected Default Judgment
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Specifically, Rule 69.04 of the Tennessee Rules of Civil Procedure provides that: Within ten years from the entry of a judgment, the creditor whose judgment remains unsatisfied may file a motion to extend the judgment for another ten years.
RULE 60. Clerical mistakes in judgments, orders or other parts of the record, and errors therein arising from oversight or omissions, may be corrected by the court at any time on its own initiative or on motion of any party and after such notice, if any, as the court orders.
6.01: By statute, "The time within which any act provided by law is to be done, shall be computed by excluding the first day and including the last, unless the last day is a Saturday, a Sunday, or a legal holiday, and then it shall also be excluded." Tenn. Code Ann. § 1-3-102.
First, the moving party must show that the default was not the result of willfulness. Second, the party must show that it has a meritorious defense. Third, the setting aside of the default judgment must not prejudice the opposing party.
RULE 55. DEFAULT. No judgment by default shall be entered against the state of Tennessee or any officer or agency thereof unless the claimant establishes his claim or right to relief by evidence satisfactory to the court.
Once a judgment lien is created by registration as provided in § 25-5-101(b), it will last for the time remaining in a ten-year period from the date of final judgment entry in the court clerk's office.
A participant meets the Rule of 60 if his or her age plus full years of service equal at least 60 and he or she either: (i) is at least age 50 with at least five full years of service; or (ii) is under age 50 with at least 20 full years of service.
RULE 62. Except as otherwise provided in this rule, no execution shall issue upon a judgment, nor shall proceedings be taken for its enforcement until the expiration of 30 days after its entry.
