[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Judge's Full Name] [Judge's Designation] [Court Name] [Court Address] [City, State, ZIP Code] Re: Default Judgment Submission Dear Judge [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing to submit the Default Judgment in the case of [Case Name and Number]. As per the rules of the Texas judicial system, I respectfully request your honorable consideration of the default judgment in the matter at hand. I would like to begin by providing a summary of the case for your reference. [State the relevant facts of the case briefly, including the parties involved, the nature of the dispute, and any relevant events leading up to this point]. In accordance with the Texas Rules of Civil Procedure, the defendant was duly served with the appropriate summons and complaint on [insert date of service]. Despite adhering to the legally prescribed timeframe, the defendant has failed to appear, respond, or otherwise acknowledge the lawsuit. As a result of the defendant's failure to properly defend or respond to the summons, I kindly ask for your permission to proceed with the entry of Default Judgment in favor of the plaintiff. This judgment would be based upon the failure of the defendant to timely answer, their consequent default, and the evidence provided to substantiate the plaintiff's claims. I have attached the following documentation for your review: 1. Proof of service, indicating that the defendant was accurately served with the summons and complaint. 2. Affidavit of Default, stating the defendant's failure to respond within the given time frame as required by the Texas Rules of Civil Procedure. 3. A detailed account of the principal claims, supported by relevant evidence, transcripts, and exhibits. 4. Calculation of damages sought and any applicable legal fees, costs, or interest incurred as a result of the defendant's default. State your intention to request a default judgment hearing, if applicable: Furthermore, I would like to respectfully request a default judgment hearing to allow for the presentation of additional evidence to support the damages sought in the event that a hearing is required. This will ensure fairness and transparency in the resolution of this case. Kindly consider reviewing the enclosed documents and granting the requested default judgment without delay. Your decision not only holds significant implications for the parties involved but also serves to uphold the integrity of the Texas judicial system. Thank you for your attention to this matter. I remain at your disposal should you require any further information or if there is anything I can do to assist you in reaching a decision. I trust in your wisdom and impartiality in rendering judgment. Yours sincerely, [Your Full Name] [Your Case Title, if applicable] [Your Contact Information: Phone Number and Email Address] Other possible types of Texas Sample Letters to Judge submitting Default Judgment may include: — Texas Sample Letter to Judge Requesting Entry of Default Judgment — Texas Sample Letter to Judge Requesting Default Judgment Hearing — Texas Sample Letter to Judge Affirming Default Judgment.
Texas Sample Letter to Judge submitting Default Judgment
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FAQ
Rule 500.3 - Application of Rules in Justice Court Cases (a)Small Claims Case. A small claims case is a lawsuit brought for the recovery of money damages, civil penalties, personal property, or other relief allowed by law.
Do Judgments Expire in Texas? Judgments awarded in Texas to a non-government creditor are generally valid for ten years but they can be renewed for longer. If a judgment is not renewed, it will become dormant.
The amount of damages is established by evidence: (A) that the account or loan was issued to the defendant and the defendant is obligated to pay it; (B) that the account was closed or the defendant breached the terms of the account or loan agreement; (C) of the amount due on the account or loan as of a date certain ...
In a claim based upon a promissory note or other promise to pay a specific amount as of a date certain, the petition must state: (A) the date and amount of the original loan; (B) whether the repayment of the debt was accelerated, if known; (C) the date final payment was due; (D) the amount due as of the final payment ...
The plaintiff should make a written request for the clerk to enter a default judgment, and provide the clerk with an affidavit of the amount owed by the defendant and a proposed clerk's default judgment. Internal Procedures: All documents are forwarded to the docket clerk for processing within 24 hours.
192.3 Scope of Discovery. (a)Generally. In general, a party may obtain discovery regarding any matter that is not privileged and is relevant to the subject matter of the pending action, whether it relates to the claim or defense of the party seeking discovery or the claim or defense of any other party.
RULE 508.3. If the defendant does not file an answer to a claim by the answer date or otherwise appear in the case, the judge must promptly render a Default Judgment upon the plaintiff's proof of the amount of damages.
