Virgin Islands Sample Letter to Judge submitting Default Judgment

State:
Multi-State
Control #:
US-0078LTR
Format:
Word; 
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Instant download

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This form is a sample letter in Word format covering the subject matter of the title of the form.
Sample Letter to Judge Submitting Default Judgment in the Virgin Islands [Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] The Honorable [Judge's Name] [Judge's Designation] [Judge's Address] [City, State, Zip Code] Subject: Submission of Default Judgment Application — [Case Number] Dear Judge [Judge's Last Name], I write to respectfully submit this sample letter requesting the court's approval for a default judgment in [Case Number]. Please consider this as my formal application for the entry of such a judgment against the defendant/respondent in this case, as they have failed to appear or file a response within the required time. In accordance with Rule [X] of the Virgin Islands Rules of Civil Procedure, the plaintiff/petitioner submits this application asserting that the defendant/respondent has been duly served with the summons and complaint in this matter. Despite being properly served, the defendant/respondent has neglected to file a timely responsive pleading or otherwise participate in this litigation. As per the records of the court, the defendant/respondent was served on [Date of Service] by [Mode of Service]. Additionally, an affidavit of service has been filed with the court, affirming that the service was made in full compliance with the applicable rules and regulations. Considering the lack of response from the defendant/respondent, the plaintiff/petitioner hereby requests that the court enter a default judgment against them, granting the relief sought in the original complaint. The plaintiff/petitioner attaches herewith the proposed default judgment for the court's consideration. The plaintiff/petitioner seeks the following remedies in the default judgment: 1. [Specify the relief sought, such as monetary damages, injunctive relief, etc.] 2. [Specify the requested amount or nature of relief and justification for such claim] Further, please note that the plaintiff/petitioner has made all reasonable efforts to communicate with the defendant/respondent, even after the expiration of the response deadline, to encourage their participation in this matter. However, no communications or responses have been received. In accordance with the applicable rules, the plaintiff/petitioner respectfully requests the court to schedule a hearing to address any further proceedings necessary to finalize the default judgment. Alternatively, if the court deems it appropriate under the circumstances, the plaintiff/petitioner requests the court to grant the default judgment based on the information provided. Thank you for your prompt attention to this matter. The plaintiff/petitioner remains available to provide any additional information or documentation as may be required by the court. We anticipate the court's favorable consideration and a swift resolution in this case. Respectfully, [Your Name] [Your Signature] Enclosure: — Proposed Default Judgment Note: This sample letter to submit a default judgment may vary in format and content based on specific local rules and regulations governing the Virgin Islands courts. It's crucial to consult with legal counsel or review the local court's guidelines to ensure compliance and accuracy.

Sample Letter to Judge Submitting Default Judgment in the Virgin Islands [Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] The Honorable [Judge's Name] [Judge's Designation] [Judge's Address] [City, State, Zip Code] Subject: Submission of Default Judgment Application — [Case Number] Dear Judge [Judge's Last Name], I write to respectfully submit this sample letter requesting the court's approval for a default judgment in [Case Number]. Please consider this as my formal application for the entry of such a judgment against the defendant/respondent in this case, as they have failed to appear or file a response within the required time. In accordance with Rule [X] of the Virgin Islands Rules of Civil Procedure, the plaintiff/petitioner submits this application asserting that the defendant/respondent has been duly served with the summons and complaint in this matter. Despite being properly served, the defendant/respondent has neglected to file a timely responsive pleading or otherwise participate in this litigation. As per the records of the court, the defendant/respondent was served on [Date of Service] by [Mode of Service]. Additionally, an affidavit of service has been filed with the court, affirming that the service was made in full compliance with the applicable rules and regulations. Considering the lack of response from the defendant/respondent, the plaintiff/petitioner hereby requests that the court enter a default judgment against them, granting the relief sought in the original complaint. The plaintiff/petitioner attaches herewith the proposed default judgment for the court's consideration. The plaintiff/petitioner seeks the following remedies in the default judgment: 1. [Specify the relief sought, such as monetary damages, injunctive relief, etc.] 2. [Specify the requested amount or nature of relief and justification for such claim] Further, please note that the plaintiff/petitioner has made all reasonable efforts to communicate with the defendant/respondent, even after the expiration of the response deadline, to encourage their participation in this matter. However, no communications or responses have been received. In accordance with the applicable rules, the plaintiff/petitioner respectfully requests the court to schedule a hearing to address any further proceedings necessary to finalize the default judgment. Alternatively, if the court deems it appropriate under the circumstances, the plaintiff/petitioner requests the court to grant the default judgment based on the information provided. Thank you for your prompt attention to this matter. The plaintiff/petitioner remains available to provide any additional information or documentation as may be required by the court. We anticipate the court's favorable consideration and a swift resolution in this case. Respectfully, [Your Name] [Your Signature] Enclosure: — Proposed Default Judgment Note: This sample letter to submit a default judgment may vary in format and content based on specific local rules and regulations governing the Virgin Islands courts. It's crucial to consult with legal counsel or review the local court's guidelines to ensure compliance and accuracy.

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FAQ

A motion to set aside a default judgment is an ?independent action?, which means the judge's decision granting or denying the motion must be entered as a separate judgment. The parties then generally have thirty days from the date on which that judgment is entered to appeal it.

In some jurisdictions, such as New York, an "order to show cause" is used routinely to initiate a motion when a traditional "notice of motion" would not be sufficient?for example, when the moving party wishes to vary the usual schedule for considering a motion, or when a temporary restraining order or other provisional ...

The default judgment usually gives the plaintiff the right to collect the amount of money that was asked for in the complaint, plus interest and court costs. The judgment will appear on the defendant's credit report, and it can be there for up to seven years if it is not paid.

To ask a court to set aside (cancel) a court order or judgment, you have to file a ?request for order to set aside,? sometimes called a ?motion to set aside? or ?motion to vacate.? The terms ?set aside? or ?vacate? a court order basically mean to ?cancel? or undo that order to start over on a particular issue.

An application to vacate a default judgment is made by a procedure known as an ?order to show cause.? The order to show cause must contain the legal grounds upon which the defendant seeks to vacate the judgment and an affidavit (sworn statement) from the defendant that provides the necessary facts to support the ...

A default judgment can be entered by a clerk or by a judge. In simple civil cases and where the defendant is neither a minor nor an incompetent person, the clerk, with an affidavit showing the amount due, can enter the judgment for that amount.

You can tell the clerk that you want to file an order to show cause (?OSC?). On the OSC form you can tell the court why they should vacate this judgment based on either excusable default, lack of personal jurisdiction, or both. The OSC should include 1) a reasonable excuse and 2) a good defense.

The movant on a motion to vacate a default must submit papers satisfying certain legal standards or else the motion will be denied. He/she will have to support the motion with an affidavit that references specifics, not vague generalities, as to a defense to the complaint.

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☐ the Court vacate the default judgment entered against me in this case. I ALSO REQUEST that the Court award any other relief it considers fair and proper. I. This form is a sample letter in Word format covering the subject matter of the title of the form. How To Write A Letter To A Judge Related forms.Defendant which did not plead, answer or enter an appearance was not entitled to notice of application for default or of default judgment, and where motion to ... Sep 1, 2020 — This is a basic guide for appealing a Superior Court Order to the Supreme Court of the Virgin Islands. “Appealing a Superior Court order” ... MEMORANDUM OPINION. Pending before the Court are Plaintiff's May 28, 2015, Motion for Entry of Default. Judgment, Defendant's July 31, 2015, request to File ... In non- sum-certain cases, the party must apply to the court for a default judgment. In all cases a default judgment may be entered against a minor or ... Defendant who did not plead, answer or enter an appearance was not entitled to notice of application for default or of default judgment, and where motion to set ... (d) RELATIONSHIP TO PRIOR RULES; ACTIONS PENDING ON EFFECTIVE DATE. These Rules supersede all previous civil rules promulgated by this Court or any Judge of ... Nov 1, 1998 — Appellant shall serve notice of the filing of a notice of appeal by filing a copy thereof with the Clerk of the Appellate Division and counsel ... Nov 1, 1998 — Appellant shall serve notice of the filing of a notice of appeal by filing a copy thereof with the Clerk of the Appellate Division and counsel ...

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Virgin Islands Sample Letter to Judge submitting Default Judgment