[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Court Clerk's Name] [Court Address] [City, State, ZIP] RE: Request for Default Judgment with Supporting Affidavit Case No: [Case Number] Court: [Court Name] Dear [Clerk's Name], I hope this letter finds you well. I am writing to submit a formal request for a default judgment in the above-mentioned case. As the plaintiff, I am requesting the court to enter a default judgment against the defendant, as they have failed to respond to the summons and complaint appropriately within the given time frame. I have enclosed the following documents for your review and consideration: 1. Request for Default Judgment: This document contains the details of the case, including the names of the parties involved, the case number, and a brief summary of the claim. It also seeks the court's approval to enter a default judgment against the defendant. 2. Supporting Affidavit: This affidavit serves as evidence supporting my request for a default judgment. It outlines the relevant facts and circumstances of the case and explains why the defendant's failure to respond justifies the granting of a default judgment. 3. Certificate of Service: This document certifies that I have served the defendant with the summons and complaint by [method of service] on [date of service]. It confirms that the defendant had ample time to respond but failed to do so. 4. Notice of Entry of Default: This document will be completed and signed by the clerk's office, officially notifying both parties that a default has been entered against the defendant. I kindly request the court to review the enclosed documents and consider entering a default judgment in favor of the plaintiff. I believe that the defendant's failure to respond adequately demonstrates their lack of interest or intent to defend themselves in this case. Furthermore, I request that the court assess damages and other relief as determined appropriate based on the evidence provided. I trust in the wisdom of the court to ensure a fair and just resolution. If there are any additional documents or information required to process this request, please let me know as soon as possible. I am always available to provide any necessary clarification or to assist in any way needed. Thank you very much for your attention to this matter. I trust that the court will handle this case diligently and deliver a just outcome. Sincerely, [Your Name]
Texas Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit
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How to fill out Texas Sample Letter To Clerk For Filing Request For Default Judgment With Supporting Affidavit?
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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 ...
If you're sued, you can choose to do nothing. This means that you do not file any response by the deadline. The Plaintiff then can ask the judge to decide the case without your input. This is called a default or a default judgment. Get help if you have a default but didn't want one.
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.
(a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.
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.
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.
If you don't file a response to divorce papers, your spouse can request a default. This means asking the court to decide the case without your input. In a default divorce, the court makes the final decisions based on the information from your spouse, and what the law says, without hearing your side.
