San Antonio Texas Sample Letter to Judge submitting Default Judgment

State:
Multi-State
City:
San Antonio
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 Code] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Court] [Court Address] [City, State, ZIP Code] Subject: Submission of Default Judgment — [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 the Default Judgment in the case of [Plaintiff's Name] v. [Defendant's Name], with the objective of seeking your approval and final ruling. [Provide a brief overview of the case, highlighting the relevant facts and background information.] The Default Judgment we are requesting is based on the [date] notice of default served upon the defendant regarding their failure to respond to the original summons and complaint within the required time frame. As stated in the notice, the defendant was informed of their duty to respond to the allegations against them, yet they have failed to do so until this point. [Clearly state the relief sought in the default judgment, including the specific amount of damages, if applicable.] In accordance with the Texas Rules of Civil Procedure, Rule [XYZ], we have attached all the necessary supporting documents and evidence to establish our entitlement to the requested relief. The defendant's noncompliance with their legal obligations, along with the supporting evidence presented, substantiates our position and strengthens our entitlement to the default judgment. [Explain the reasons why the requested relief is necessary, referring to legal precedents and applicable statutes if necessary.] I kindly ask for your careful consideration of this matter and review of the submission for default judgment. Granting the default judgment will provide closure to this case and enable the plaintiff to seek appropriate legal remedies for the damages incurred. Enclosed, please find the following documents as part of our submission: 1. A copy of the original summons and complaint served upon the defendant. 2. Proof of service of the notice of default to the defendant. 3. Affidavit of service confirming the delivery of the notice of default. 4. Affidavit of due diligence demonstrating the defendant's failure to respond. 5. Documentary evidence supporting the plaintiff's claims, including [specific evidence/contracts/communication records], filed as Exhibit [X]. I am confident that, based on the merits of this case and the defendant's continued noncompliance, you're ruling in favor of the default judgment will be fair and just. Thank you for your attention to this matter. Should you require any further information or documentation, please do not hesitate to contact me at the above-mentioned contact details. Your prompt consideration of this submission is greatly appreciated. Yours sincerely, [Your Name]

[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Court] [Court Address] [City, State, ZIP Code] Subject: Submission of Default Judgment — [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 the Default Judgment in the case of [Plaintiff's Name] v. [Defendant's Name], with the objective of seeking your approval and final ruling. [Provide a brief overview of the case, highlighting the relevant facts and background information.] The Default Judgment we are requesting is based on the [date] notice of default served upon the defendant regarding their failure to respond to the original summons and complaint within the required time frame. As stated in the notice, the defendant was informed of their duty to respond to the allegations against them, yet they have failed to do so until this point. [Clearly state the relief sought in the default judgment, including the specific amount of damages, if applicable.] In accordance with the Texas Rules of Civil Procedure, Rule [XYZ], we have attached all the necessary supporting documents and evidence to establish our entitlement to the requested relief. The defendant's noncompliance with their legal obligations, along with the supporting evidence presented, substantiates our position and strengthens our entitlement to the default judgment. [Explain the reasons why the requested relief is necessary, referring to legal precedents and applicable statutes if necessary.] I kindly ask for your careful consideration of this matter and review of the submission for default judgment. Granting the default judgment will provide closure to this case and enable the plaintiff to seek appropriate legal remedies for the damages incurred. Enclosed, please find the following documents as part of our submission: 1. A copy of the original summons and complaint served upon the defendant. 2. Proof of service of the notice of default to the defendant. 3. Affidavit of service confirming the delivery of the notice of default. 4. Affidavit of due diligence demonstrating the defendant's failure to respond. 5. Documentary evidence supporting the plaintiff's claims, including [specific evidence/contracts/communication records], filed as Exhibit [X]. I am confident that, based on the merits of this case and the defendant's continued noncompliance, you're ruling in favor of the default judgment will be fair and just. Thank you for your attention to this matter. Should you require any further information or documentation, please do not hesitate to contact me at the above-mentioned contact details. Your prompt consideration of this submission is greatly appreciated. Yours sincerely, [Your Name]

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FAQ

Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law. The failure to take action is the default.

How is a Judgment in Default of Appearance entered? A legal action in the civil courts are initiated via a Writ of Summons or an Originating Summons. Upon the issuance of the sealed Writ by the Court, the Plaintiff is to serve the sealed Writ to the Defendant within 6 months after the writ is issued by the Court.

A judgment is the court's final decision on your case. It is a kind of court order.

There are four instances where default judgment may be entered into: The defendant has not served and filed a notice of intention to defend. The defendant failed to serve and file a notice of intention to defend timeously (see below). The defendant failed to file a plea.

Filing a Motion to Set Aside Default Judgment in Texas If you received a notice of default judgment from a Texas court, your only option is to file a motion to set aside the default judgment. Normally, you would have 30 days from the judge's order granting the motion to file a motion to set aside default judgment.

About default judgments Depending on the nature of your claim, a default judgment can be: A final judgment. This is the court's final decision in a civil case. For example, the other party has to pay you a fixed amount of money, interest on the amount and legal costs.

Final Judgment on the Merits: As indicated, a default judgment is a final judgment on the merits. Same Transactional Facts: "The marks and claims at issue in this proceeding were also at issue in the Civil Action."

Default judgment. n. if a defendant in a lawsuit fails to respond to a complaint in the time set by law (commonly 20 or 30 days), then the plaintiff (suer) can request that the default (failure) be entered into the court record by the clerk, which gives the plaintiff the right to get a default judgment.

The plaintiff has to provide an affidavit of the material facts, proof the defendant was served, and proof of damages. The plaintiff also provides a draft order for default judgment for the court to sign. This motion is served upon the defendant, even though they did not respond to the original lawsuit.

A default judgment in Texas occurs where a defendant in a lawsuit fails to respond in a timely manner. If the defendant never responds, the plaintiff can file a motion for a default judgment. Basically, this allows the court to rule in favor of the plaintiff even without the need for a trial.

Interesting Questions

More info

Court for the San Antonio Division shall be held at San Antonio. Collecting a Money Judgment.Divorces and Suits Affecting the Parent-Child Relationships. —San Antonio 1985, no writ) (holding that the court may. If you need further assistance consult a lawyer. Sacramento County Public Law Library. If a defence hasn't been filed with the court, you can apply for default judgment up to one year after the documents have been served. The phrase "excusable neglect" has special meaning in the law. A motion for new trial must be filed in the trial court that rendered the default judgment within 30 days after the judgment was signed. Tex. This occurs when the defendant does not respond to a complaint.

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San Antonio Texas Sample Letter to Judge submitting Default Judgment