West Virginia Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit

• Category: Letters - Legal - Judgments
• State: Multi-State
• Control #: US-0368LTR
• Format: Word; Rich Text

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 Code] [Email Address] [Phone Number] [Date] [Clerk's Name] [Clerk's Office] [City, State, ZIP Code] Re: Request for Default Judgment with Supporting Affidavit Case Name: [Plaintiff] v. [Defendant] Case Number: [Case Number] Dear Clerk, I hope this letter finds you well. I am writing to submit a Request for Default Judgment with supporting Affidavit in the aforementioned case. As per the West Virginia Rules of Civil Procedure, Rule 55, I kindly request that the Court enter a Default Judgment against the defendant in this matter based on the following grounds. I. Background Information: Provide a concise overview of the background information regarding the case. Include the names and roles of the parties involved, any relevant dates, and a brief description of the underlying dispute. II. Service of Process: Describe the efforts made to properly serve the defendant with the summons and complaint in accordance with the West Virginia Rules of Civil Procedure. State the method of service used (e.g., personal service, certified mail), and attach any relevant documentation, such as a process server's affidavit or certified mail receipts, as exhibits to support your claim. III. Defendant's Failure to Respond: Explain that the defendant failed to respond to the summons and complaint within the time prescribed by law or the court rules. Reference the specific deadline for the response and specify that the defendant's failure to respond constitutes a default under the West Virginia Rules of Civil Procedure, Rule 55(a). IV. Grounds for Default Judgment: Present the legal or factual basis supporting your claim for default judgment. Include relevant statutes, case law, or contractual provisions that support your position. Explain how the defendant's failure to respond entitles you to a default judgment. V. Supporting Affidavit: Attach an Affidavit verifying the facts set forth in the Request for Default Judgment. Provide a signed statement, under penalty of perjury, affirming the accuracy of the information presented and detailing any documents or evidence supporting your claim, such as invoices, contracts, or correspondence. VI. Relief Requested: Clearly state the relief sought from the court, such as a specific monetary amount, injunctive relief, or any other remedies available under the law. If applicable, provide a breakdown of the damages incurred and any interest or costs authorized by statute or contract. VII. Proposed Order: Include a Proposed Order for the Default Judgment, which can be entered by the court if the request is granted. Ensure the Proposed Order reflects the relief requested and complies with the applicable local court rules. VIII. Conclusion: Express appreciation for the court's attention to this matter and request prompt processing of the Request for Default Judgment. Include your contact information again in case the court requires any further documentation or clarification. Thank you for your attention to this matter. If you require any additional information or documents, please do not hesitate to contact me. I look forward to a favorable resolution of this case. Sincerely, [Your Name]