[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Clerk's Name] [Clerk's Title] [Clerk's Office] [City, State, ZIP Code] Subject: Request for Default Judgment with Supporting Affidavit Dear [Clerk's Name], I hope this letter finds you in good health and high spirits. I am writing to file a formal request for a Default Judgment in the case of [Case Name / Number] currently pending before the [Court Name] in Fairfax, Virginia. I am the plaintiff in this matter and have attached the necessary supporting documents and affidavit as per the court's guidelines. [Paragraph 1] Firstly, I would like to provide a brief overview of the case. The lawsuit [Case Name / Number] was filed on [Filing Date] in response to [Briefly summarize the underlying dispute, providing relevant key details and dates]. [Paragraph 2] Unfortunately, despite being duly served with the initial summons and subsequent notices, the defendant, [Defendant's Name], has failed to respond to any of the court documents or appear for any scheduled hearings. As a result, they are now in default according to the rules of the court. [Paragraph 3: Affidavit] I have attached a supporting Affidavit, duly signed and notarized, to certify the authenticity of the facts presented in this request. The Affidavit includes detailed information regarding the defendant's failure to respond or provide any defense, demonstrating their clear default in this matter. [Paragraph 4] In accordance with the rules and regulations of the Fairfax, Virginia court system, I request that you kindly review the attached documents and affidavit. I respectfully ask for your prompt attention in processing this request for Default Judgment and subsequent issuance of the judgment in my favor. [Paragraph 5] Please feel free to contact me if any additional information is required or if there are any concerns regarding the filing or processing of this request. I am available at [Phone Number] or [Email Address] during regular business hours. Thank you for your attention to this matter, which I trust will be resolved favorably. I look forward to hearing from you regarding the status of my request and the subsequent Default Judgment. Sincerely, [Your Name]
Fairfax Virginia Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit
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How to fill out Fairfax Virginia Sample Letter To Clerk For Filing Request For Default Judgment With Supporting Affidavit?
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FAQ
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.
This is called the statute of limitations. In New Jersey, there is a six-year statute of limitations on collecting a debt. This means that a creditor can no longer make attempts to collect on a debt once six years have passed since the original date that payment was owed.
To do this, you need a Writ of Execution, a sample of which can be found on the Judiciary's Web site. You must complete the writ form and send it to the court. If the Judgment has a J docket number, you must send the writ to the Civil Division Manager in the county in which your case was originally filed.
Proper Service. In order to obtain a default judgment in Virginia General District Court, plaintiffs must ensure they serve the defendant properly. Service is a legal term meaning a defendant has proper notice of the pleading.
A civil litigant can petition the Supreme Court of Virginia for the right to appeal a decision of the Court of Appeals, but the Supreme Court will retain the discretion to grant or deny the petition.
Judgment is a court decision, spelled out in a court order, that adjudicates a dispute between two parties by determining the rights and obligations of each party. A judgment may require monetary compensation or transfer of property from one party to another.
In the US, a default judgment is entered against the defaulting party without consideration of the merits of the case. A default judgment is binding and may be entered against a party who fails to: Respond to a complaint. Appear at a scheduled hearing or trial.
How Do I Collect on a Judgment: The Debt Collection Process in... Locate the debtor's assets (as many as possible) Attach the judgment to the assets by placing a lien on the assets (called a judgment lien) Obtain the assets to satisfy the judgment (the process of liquidation or foreclosure).
Under the new Virginia law that became effective January 1, 2022, judgments entered in a Virginia circuit court after July 1, 2021, have a 10-year limitations period and may only be extended up to two additional 10-year periods, for a maximum limitations period of 30 years.
