Houston Texas Sample Letter to Clerk for filing Default Judgment Signed by Judge

State:
Multi-State
City:
Houston
Control #:
US-0363LTR
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] [Recipient's Name] [Recipient's Designation] [Houston County Clerk's Office] [Houston County Courthouse] [Address] [City, State, Zip Code] Subject: Filing Default Judgment — Signejudgeddg— - [Case Number] Dear [Recipient's Name], I hope this letter finds you in good health. I am writing to request the filing of a Default Judgment, signed by the Honorable Judge [Judge's Name], regarding the case with the assigned docket number [Case Number]. As the prevailing party in this case, it is imperative to move forward with the necessary legal proceedings. I have attached herewith the following documents, which are required for the filing process: 1. Default Judgment: This document, endorsed by the presiding judge, confirms my entitlement to a Default Judgment in this case, as the opposing party failed to appear before the court or present a defense within the provided time frame. 2. Notice of Default: This document certifies that the opposing party was duly served with the Complaint and Summons but failed to submit a response or enter an appearance within the specified period. 3. Affidavit of Service: This affidavit provides proof that the opposing party was properly served with the relevant legal documents in the prescribed manner. 4. Certificate of Readiness: This certificate confirms that all necessary pre-trial procedures have been completed and that the case is now ready for the next stage, i.e., obtaining a Default Judgment. I kindly request that you review these documents carefully to ensure their completeness and accuracy. If any additional forms or supporting materials are necessary, please inform me promptly so that I may provide them in a timely manner. Moreover, I would appreciate if you could confirm receipt of these documents and acknowledge the filing of the Default Judgment with an official stamped copy for my records. Additionally, kindly notify me of any fees associated with the filing process, allowing me to arrange for prompt payment. Please feel free to reach out to me at [Your Phone Number] or via email at [Your Email Address] should you require any further information or if any complications arise during the filing process. Thank you for your prompt attention to this matter. Your assistance is greatly appreciated. Yours sincerely, [Your Name]

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FAQ

Default judgment?overview the defendant must have been properly served with the claim. the defendant must not have responded to the claim, whether by acknowledgment of service or defence, and. the relevant time period for responding must have expired.

Grounds for granting a motion for default judgment in Texas exist if a defendant fails to respond to the lawsuit and make an appearance in the matter. Plaintiffs must make a request before the court will grant a motion for default judgment in Texas. Most importantly, a default judgment is binding on both parties.

RULE 21a. A document filed electronically under Rule 21 must be served electronically through the electronic filing manager if the email address of the party or attorney to be served is on file with the electronic filing manager.

From the Clerk: The plaintiff should make a written request for the clerk to enter a default judgment, and provide the clerk with an affidavit of the amount owed by the defendant and a proposed clerk's default judgment. Internal Procedures: All documents are forwarded to the docket clerk for processing within 24 hours.

What Happens After the Filing of a Motion for Default Judgment? After the motion for default judgment is filed and served upon the defendant, the defendant has an opportunity to respond. The defendant's response should state a valid reason why they didn't respond within the 20 day period to respond to complaints.

Of course, even where default judgment is entered, that is not necessarily the end of the matter. The defendant may be able to have the judgment set aside if it can persuade the court that it has a real prospect of successfully defending the claim or there is some other good reason why the judgment should be set aside.

If the defendant fails to serve and file a Notice of Intention to Defend after 10 (ten) court days, the plaintiff is entitled to submit a request for default judgment to the clerk of the court.

If a defendant does not pay a judgment, the plaintiff can try to enforce the judgment by filing another lawsuit. For example, if the defendant owns several cars, the plaintiff can sue to have the car transferred to the plaintiff.

Yes. By its very design, a default judgment is a judgment entered in the trial court when a defendant (you) hasn't filed a response in a timely manner. If you failed to respond to a complaint in a timely manner, the odds are you may also be unable to respond to the motion for default which follows.

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These forms are not a substitute for legal advice. We strongly encourage you to consult an attorney prior to filing any legal documents with our office.Use this checklist to complete your default judgment prior to filing it with the court. Texas law provides a few different ways in which you can try and collect the debt. Summary Judgment and Rulings on Questions of 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. Judge needs to rule on any issue raised in your complaint. The court clerk maintains a waiver of citation form. Sample Notice Letter. Menu ; County Judge.

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Houston Texas Sample Letter to Clerk for filing Default Judgment Signed by Judge