Vermont Sample Letter to Judge submitting Default Judgment

State:
Multi-State
Control #:
US-0078LTR
Format:
Word; 
Rich Text
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This form is a sample letter in Word format covering the subject matter of the title of the form.
[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 Case No. [Case Number] Dear Honorable [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing to formally submit a Default Judgment in the aforementioned case. Please consider this letter as a formal request to enter a Default Judgment in favor of the plaintiff, [Plaintiff's Name], due to the defendant's failure to appear or respond. I. Background Information: 1. Case Summary: [Provide a brief summary of the case, including the nature of the dispute, parties involved, and relevant dates.] 2. Service of Process: [Describe how the defendant was properly served with the initial legal documents, including the date and method of service.] 3. Defendant's Failure to Respond: [Explain that despite being served, the defendant has failed to file an answer, motion, or any other response within the time frame specified by law. Include the dates of service and the expiration of the response deadline.] II. Legal Basis for Default Judgment: 1. Applicable Law: [Specify the relevant statute, court rule, or legal provision that governs the entry of default judgment in the state of Vermont. For example, refer to Vermont Rule of Civil Procedure 55.] 2. Requirements for Default Judgment: [Outline the prerequisites for obtaining a default judgment, such as expiration of the response deadline, lack of any filed response, and compliance with procedural requirements.] III. Request for Default Judgment: In light of the defendant's failure to respond to the summons and complaint within the prescribed timeframe, we respectfully request the court to enter a Default Judgment in favor of the plaintiff. We believe that the evidence and claims presented in the plaintiff's complaint are sufficient to warrant a judgment in their favor. IV. Relief Sought: [Specify the remedies sought by the plaintiff in the complaint, including any monetary damages, injunctive relief, or other pertinent outcomes. Provide a detailed breakdown of the requested relief.] V. Supporting Documents: For your convenience and consideration, we have attached the following documents: 1. Complaint: [Attach a copy of the plaintiff's initial complaint filed with the court.] 2. Proof of Service: [Include any proof of service documentation demonstrating that the defendant was properly served with the summons and complaint.] 3. Affidavit of Default: [Attach an affidavit executed by the plaintiff or plaintiff's attorney affirming the defendant's failure to respond within the required time period.] 4. Proposed Default Judgment Order: [If available, provide a proposed default judgment order for the court's consideration and completion.] Should the court require any additional information or documents, please do not hesitate to contact me at the phone number or email address provided above. Thank you for your attention to this matter, and we trust that justice will be served through the entry of a Default Judgment in favor of the plaintiff. We appreciate your time and consideration. Sincerely, [Your Name]

[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 Case No. [Case Number] Dear Honorable [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing to formally submit a Default Judgment in the aforementioned case. Please consider this letter as a formal request to enter a Default Judgment in favor of the plaintiff, [Plaintiff's Name], due to the defendant's failure to appear or respond. I. Background Information: 1. Case Summary: [Provide a brief summary of the case, including the nature of the dispute, parties involved, and relevant dates.] 2. Service of Process: [Describe how the defendant was properly served with the initial legal documents, including the date and method of service.] 3. Defendant's Failure to Respond: [Explain that despite being served, the defendant has failed to file an answer, motion, or any other response within the time frame specified by law. Include the dates of service and the expiration of the response deadline.] II. Legal Basis for Default Judgment: 1. Applicable Law: [Specify the relevant statute, court rule, or legal provision that governs the entry of default judgment in the state of Vermont. For example, refer to Vermont Rule of Civil Procedure 55.] 2. Requirements for Default Judgment: [Outline the prerequisites for obtaining a default judgment, such as expiration of the response deadline, lack of any filed response, and compliance with procedural requirements.] III. Request for Default Judgment: In light of the defendant's failure to respond to the summons and complaint within the prescribed timeframe, we respectfully request the court to enter a Default Judgment in favor of the plaintiff. We believe that the evidence and claims presented in the plaintiff's complaint are sufficient to warrant a judgment in their favor. IV. Relief Sought: [Specify the remedies sought by the plaintiff in the complaint, including any monetary damages, injunctive relief, or other pertinent outcomes. Provide a detailed breakdown of the requested relief.] V. Supporting Documents: For your convenience and consideration, we have attached the following documents: 1. Complaint: [Attach a copy of the plaintiff's initial complaint filed with the court.] 2. Proof of Service: [Include any proof of service documentation demonstrating that the defendant was properly served with the summons and complaint.] 3. Affidavit of Default: [Attach an affidavit executed by the plaintiff or plaintiff's attorney affirming the defendant's failure to respond within the required time period.] 4. Proposed Default Judgment Order: [If available, provide a proposed default judgment order for the court's consideration and completion.] Should the court require any additional information or documents, please do not hesitate to contact me at the phone number or email address provided above. Thank you for your attention to this matter, and we trust that justice will be served through the entry of a Default Judgment in favor of the plaintiff. We appreciate your time and consideration. Sincerely, [Your Name]

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FAQ

A very important fact you should keep in mind is that California courts do impose a timeline for seeking entry of a default judgment. Specifically, a request for entry of default must be filed within 10 days following a defendant's failure to timely file and serve a responsive pleading.

(a) Default and entry. When a defendant has failed to appear, plead or proceed to trial of an action reached and called for trial, or when the court orders a dismissal for any other neglect to proceed, the plaintiff may seek a default judgment against him.

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.

The process for setting aside default judgment You will need to make an application to the court regardless of whether consent is obtained, but seeking consent may mean that the claimant does not oppose the application, potentially reducing the costs of the application.

Rule 55 - Default (a)Motion for Default Judgment. When a party against whom a judgment for affirmative relief is sought by complaint, cross-claim, counterclaim, or other pleading has failed to plead or otherwise defend, the party seeking the affirmative relief may file a motion for a default judgment.

How to File a Motion and Affidavit to Set Aside a Default or Default Judgment Step 1: Prepare your forms and find out how you will file. ... Step 2: Sign your Motion and have it notarized. ... Step 3: Make copies. ... Step 4: File your Motion and pay the filing fee. ... Step 5: Serve your Motion. ... Step 6: Prepare for your hearing.

Generally, a Motion to Set Aside a Default Judgment and Notice of Hearing must be filed within 30 days of the date the default judgment was signed by the judge. Lastly, if you were served notice of the default judgment by publication, you have two years from the date of the default judgment to ask for a new trial.

A Motion to Set Aside Default or Judgment is used to ask the court to set aside or "undo" a default or judgment or final order in a case, and to allow the case to move ahead as if the default or judgment had not been made.

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If the plaintiff plans to collect the judgment, the plaintiff must first serve the default judgment on the defendant by first class mail and file a certificate ... This is a partial list of the forms and instructions available on the court's website. If you do not find what you're looking for here: ... Court forms are in PDF ...A default judgment awards the plaintiff reasonable damages requested in the complaint. The defendant then has a specified time period to refute the judgment ... A copy of every paper after the Complaint that is written and sent to the court must also be sent to other party (except a plaintiff's Motion for Default ... No judgment by default shall be entered against the State of Vermont or an officer or agency thereof unless the claimant establishes a claim or right to relief ... ... judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF ... Mar 1, 2017 — (c) By the Court. When a party requests the court enter a default judgment, that party must submit the following documents: (1) a copy of ... The plaintiff must include with the summons a blank Answer form and a blank Notice of Appearance form conforming substantially to the forms that the Court ... Jan 31, 2004 — Dear Mr. Donovan: Enclosed for filing with the Court, please find the original and three copies of the notice of appearance form, docketing ... Jan 31, 2004 — Dear Mr. Donovan: Enclosed for filing with the Court, please find the original and three copies of the notice of appearance form, docketing ...

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Vermont Sample Letter to Judge submitting Default Judgment