[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] Clerk of Court [Courthouse Address] [City, State, ZIP Code] Subject: Request for Default Judgment with Supporting Affidavit Dear Clerk of Court, I hope this letter finds you in good health and spirits. I am writing to file a Request for Default Judgment with Supporting Affidavit in the matter of [Case Name], filed under docket number [Docket Number], in the [Court Name] of Phoenix, Arizona. I request that the court enter a default judgment in this case due to the respondent's failure to file a timely response or take any action within the prescribed period as per the applicable rules of procedure. Enclosed, please find the following documents to support this request: 1. Request for Default Judgment: This document outlines the details of the default judgment being sought, including the basis for the claim and the relief requested. 2. Affidavit in Support of Default Judgment: This affidavit provides a sworn statement of the facts and grounds supporting the request for default judgment. It includes relevant details of the case, a timeline of events, and any evidence or exhibits supporting the plaintiff's claim. 3. Certificate of Service: This document certifies that a copy of the Request for Default Judgment and the Supporting Affidavit has been properly served upon the respondent, in compliance with the rules of service. I kindly request that you process this filing promptly and schedule a hearing, if necessary, to review and consider the merits of the case. As specified by the rules of this court, I am willing and available to attend any hearings or provide further documentation as required. Please acknowledge receipt of this filing by sending a notification to the address provided above or via email at [Your Email Address]. Thank you for your prompt attention to this matter. I look forward to the court's decision regarding the Request for Default Judgment. Yours faithfully, [Your Name]
Phoenix Arizona Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit
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How to fill out Phoenix Arizona Sample Letter To Clerk For Filing Request For Default Judgment With Supporting Affidavit?
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FAQ
An entry of default is the first step to obtaining a default judgment against a party, and allows you to proceed in the action without further notice or input from the opposing party. An entry of default can come in two forms, an entry by the clerk or an entry by the judge.
After a motion for default is filed it means you have a judgment entered against you. At this point, you must begin responding and attempt to have the court set it aside. This is truly your only hope to begin fighting the debt once again and to avoid wage garnishment.
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. Obey a discovery order.
Instances in which Default Judgment may be sought or granted: The Defendant failed to serve and file Notice of Intention to Defend. The Defendant delivered the Notice of Intention to Defend but failed to serve and file a Plea. The Defendant has entered into a defective entry of Notice of Intention to Defend.
Step 1: Make Sure You've Met the Requirements for a Default.Step 2: Decide How You Wish to Proceed.Step 3: Complete the Necessary Forms.Step 4: Complete Your Declaration in Support of Default Judgment.Step 5: Calculate Prejudgment Interest, if Appropriate.Step 6: Copy and Assemble Your Documents.
The Rules define ?default? as when ?a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend,? and define ?judgment? as ?a decree and any order from which an appeal lies.? Read together, a default judgment is simply any judgment that results from a default.
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.
(h) Default judgment When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time.
When a loan defaults, it is sent to a debt collection agency whose job is to contact the borrower and receive the unpaid funds. Defaulting will drastically reduce your credit score, impact your ability to receive future credit, and can lead to the seizure of personal property.
An entry of default is the first step to obtaining a default judgment against a party, and allows you to proceed in the action without further notice or input from the opposing party. An entry of default can come in two forms, an entry by the clerk or an entry by the judge.
