[Your Name] [Your Address] [City, State, Zip] [Email Address] [Phone Number] [Date] Clerk of the Court [Maricopa County Courthouse] [Address] [City, State, Zip] Subject: Request for Default Judgment with Supporting Affidavit Dear Clerk of the Court, I am writing to submit a formal request for a default judgment with supporting affidavit in the case of [Plaintiff] v. [Defendant] [Case Number]. I am [Plaintiff/Plaintiff's Attorney] in this case and have enclosed the necessary documents in support of this request. 1) Affidavit in Support of Default Judgment: Please find attached the affidavit, which offers detailed information regarding the nature of the case, the attempts made to notify the defendant, and the defendant's failure to respond within the specified time frame. The affidavit also includes the reasons why we believe a default judgment is appropriate in this case. 2) Original Complaint and Summons: Enclosed you will find the original complaint and summons that were served to the defendant in accordance with the legal requirements. Despite repeated attempts to serve the defendant personally or through alternative methods, they have failed to respond or contest the claims made against them. 3) Certificate of Service: Additionally, enclosed is the Certificate of Service, affirming that all relevant documents have been served to the defendant with proof of delivery, as required by the court rules. 4) Supporting Documents: To further substantiate our request, I have included any supporting documentation necessary to demonstrate the validity of our claim. This includes correspondence, invoices, contracts, or any other relevant materials pertaining to this case. I kindly request that you review the enclosed documents and grant the default judgment as provided under Arizona law. Should you require any further information or clarification, please do not hesitate to contact me at the provided contact information. Thank you for your attention to this matter. I look forward to receiving a notification regarding the granting of the default judgment in due course. Yours sincerely, [Your Name]
Maricopa Arizona 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.
Request a Transcript of Judgment from the Justice Court and pay the filing fee. File the Transcript of Judgment with the Superior Court clerk. Additional filing fee may apply. Contact the Clerk of the Superior Court at 724-3200 for filing fee information.
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.
A plaintiff representing herself may obtain and fill out a prepared Complaint form from the Clerk of the Court at the courthouse or online at each county court website or by visiting . The Complaint must be filed with the Clerk of the appropriate court.
If you want to set a default hearing, you must complete the application and affidavit of default and file it with the clerk of the court . You must be sure service of the petition was complete, and that the other person did not file a written response or answer with the court.
The completion of the procedure of filing the suit is being followed by the stages mentioned below: Framing of issues. List of Witness. Examination in chief. Cross examination. Final Arguments. Final Hearing (final order) Appeal, Reference, Review (if any).
Civil Law The plaintiff files a document (complaint) with the clerk of the court stating the reasons why the plaintiff is suing the defendant, and what action the plaintiff wants the court to take. A copy of the complaint and a summons are delivered to (served on) the defendant.
A Proof of Service must be filed within 45 days of filing a complaint. If it is not filed in 45 days the claim will be dismissed.
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.
Small Claims Court Limits for the 50 States StateDollar LimitAlabama$6,000Alaska$10,000Arizona$3,500Arkansas$5,00047 more rows
