West Virginia Sample Letter to Judge submitting Default Judgment

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

Description

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] [Email Address] [Phone Number] [Date] [Judge's Full Name] [Judge's Designation] [Court's Name] [Court's Address] [City, State, ZIP] Subject: Submission of Default Judgment — [Case Name, Case Number] Dear Honorable [Judge's Last Name], I hope this letter finds you in good health and spirits. I am writing to request the Court's consideration of a Default Judgment in the matter of [Case Name], Case Number [Case Number], currently before this esteemed Court. As the plaintiff in this case, I want to bring the Court's attention to the defendant's failure to respond or appear within the allocated timeframe, despite being properly served with the summons and complaint. Pursuant to the applicable procedural rules, specifically [cite the relevant rule if known], I respectfully request that the Court enters a Default Judgment against the defendant. To provide a comprehensive overview of the case, I would like to highlight the following key facts: 1. Nature of the Case: [Briefly explain the nature of the case — e.g., contract dispute, personal injury claim, eviction case] 2. Statutory Requirements for Default Judgment: In accordance with West Virginia Rules of Civil Procedure [cite the relevant rule if known — e.g., Rule 55], the defendant was given a sufficient period of time to respond, which has lapsed. Despite repeated attempts to notify and engage the defendant, no response or appearance has been received. 3. Service of Process: A Proof of Service, along with Affidavit of Service, has been submitted to the Court, documenting the proper and lawful service of process on the defendant. 4. Relief Sought: I respectfully request the Court to grant the following relief: a. Monetary Damages: [Specify the amount of damages claimed, along with any supporting documentation] b. Specific Performance/Injunctive Relief: [If applicable, state any specific actions or injunctions sought to resolve the matter] c. Any other applicable relief requested. 5. Supporting Documents: Enclosed herewith, please find the following documents in support of our request for Default Judgment: — Affidaviserviceic— - Proof of Service — Plaintiff's Complain— - Any additional supporting documentation substantiating the claim (e.g., contracts, photographs, medical reports) I understand that the Court will thoroughly review the provided evidence, including the process of service, before taking a decision on the Default Judgment. If deemed necessary, I am prepared to present myself before the Court to provide any further information or clarification required. Thank you for your attention to this matter, and I respectfully request a swift resolution based on the merits of our case. Yours sincerely, [Your Name]

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Judge's Full Name] [Judge's Designation] [Court's Name] [Court's Address] [City, State, ZIP] Subject: Submission of Default Judgment — [Case Name, Case Number] Dear Honorable [Judge's Last Name], I hope this letter finds you in good health and spirits. I am writing to request the Court's consideration of a Default Judgment in the matter of [Case Name], Case Number [Case Number], currently before this esteemed Court. As the plaintiff in this case, I want to bring the Court's attention to the defendant's failure to respond or appear within the allocated timeframe, despite being properly served with the summons and complaint. Pursuant to the applicable procedural rules, specifically [cite the relevant rule if known], I respectfully request that the Court enters a Default Judgment against the defendant. To provide a comprehensive overview of the case, I would like to highlight the following key facts: 1. Nature of the Case: [Briefly explain the nature of the case — e.g., contract dispute, personal injury claim, eviction case] 2. Statutory Requirements for Default Judgment: In accordance with West Virginia Rules of Civil Procedure [cite the relevant rule if known — e.g., Rule 55], the defendant was given a sufficient period of time to respond, which has lapsed. Despite repeated attempts to notify and engage the defendant, no response or appearance has been received. 3. Service of Process: A Proof of Service, along with Affidavit of Service, has been submitted to the Court, documenting the proper and lawful service of process on the defendant. 4. Relief Sought: I respectfully request the Court to grant the following relief: a. Monetary Damages: [Specify the amount of damages claimed, along with any supporting documentation] b. Specific Performance/Injunctive Relief: [If applicable, state any specific actions or injunctions sought to resolve the matter] c. Any other applicable relief requested. 5. Supporting Documents: Enclosed herewith, please find the following documents in support of our request for Default Judgment: — Affidaviserviceic— - Proof of Service — Plaintiff's Complain— - Any additional supporting documentation substantiating the claim (e.g., contracts, photographs, medical reports) I understand that the Court will thoroughly review the provided evidence, including the process of service, before taking a decision on the Default Judgment. If deemed necessary, I am prepared to present myself before the Court to provide any further information or clarification required. Thank you for your attention to this matter, and I respectfully request a swift resolution based on the merits of our case. Yours sincerely, [Your Name]

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Section 2-1401 entitles a party to bring a petition to vacate a final judgment or order after the 30 day period provided for under section 2-1301(e) has expired and for two years from the date of the entry of the judgment or order. 735 ILCS 5/2-1401.

If it has been 30 days or less, you can get rid of ("vacate") a default judgment by filing a motion. This is a written request to the judge asking them to throw out the judgment. You will have to send a copy of the motion to the other party in the case, and then show up in court for a hearing.

It is important to note that a default judgment does always mean an informal eviction occurred. Under Virginia state law, there is an automatic ruling for the landlord anytime a tenant does not appear in court.

- A party defending against a claim may pay into court by depositing with the clerk a sum of money on account of what is claimed, or by way of compensation or amends, and plead that the party is not indebted to any greater amount to the party making the claim or that the party making the claim has not suffered greater ...

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.

If the court defaults a party for failing to answer, but the default isn't final (no money judgment is entered), section 2-1301(e) allows the defaulted party to vacate the default any time ? even if more than 30 days have passed.

You may bring a motion to reconsider within thirty days if the court has made an error in applying the law.

The court must set aside a default judgment if you: have paid the whole amount owed (including any interest and costs) before the date the creditor entered judgment; sent back the acknowledgment of service form within the time limit; put in a defence within the time limit; or.

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This form is a sample letter in Word format covering the subject matter of the title of the form. Title: West Virginia Sample Letter for Entrance of Default ... WHEREFORE, I request this Court to enter judgment against the defendant by awarding me the amount claimed plus interest and costs and, if applicable, $ for ...Please follow our helpful tips for opening and completing PDF forms. Magistrate Court Public Forms. Affidavit: Default Judgment · Affidavit: Eligibility for ... hereby requests that the Court enter default judgment against the Defendant: In support of this Motion, the Plaintiff states: 1. The Clerk previously entered ... Jun 14, 2023 — To respond to your debt lawsuit in West Virginia, you need to file a written Answer. Follow these three steps: Answer each issue listed in the ... The following information will be needed by the plaintiff to complete either form: (1) the name of the defendant, (2) the current address of the defendant, (3) ... If you fall to do so, judgment by default will be taken against you for the relief demanded in the complaint and you will be thereafter barred from asserting in ... (c) A default judgment may be obtained in a similar manner against any party ... (2) Important evidence was hidden from the court by the opposing party in whose ... Aug 28, 2023 — Go to the Magistrate Clerk's office in the county where your problem is located and ask for a Civil Complaint. You can also find the Civil ... The sole issue in this case is whether the circuit court erred by denying Ms. Liller's motion to set aside the default judgment entered against her on August 28 ...

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West Virginia Sample Letter to Judge submitting Default Judgment