Subject: Request for Default Judgment with Supporting Affidavit — Travis, Texas Dear Clerk of the Court, I am writing to formally request the filing of a Default Judgment with Supporting Affidavit in the case of [CASE NAME, CASE NUMBER] currently pending in the [COURT NAME] of Travis, Texas. By filing this request, I am seeking a decision in my favor due to the absence or failure of the opposing party to participate in the proceedings. As outlined in the Texas Rules of Civil Procedure, Rule 239, a Default Judgment may be appropriate if the opposing party fails to answer or otherwise respond to the complaint within the specified time frame. I believe that this situation applies to my case, and I am therefore requesting a Default Judgment in order to resolve the matter in a timely manner. To support my request for the Default Judgment, I have attached a Supporting Affidavit that outlines the key facts of the case and provides evidence to substantiate my claims. The affidavit includes: 1. Introduction: A brief summary of the case and the matter to be resolved through this request. 2. Background Information: This section provides an overview of the events leading up to the legal dispute, parties involved, and any relevant agreements or contracts. 3. Attempts to Contact the Opposing Party: An account of all efforts made to communicate with the opposing party, including any letters, emails, phone calls, or other forms of attempted contact. Documentation such as delivery receipts or timestamps should be included. 4. Lack of Response or Participation: A description of the opposing party's failure to answer the complaint or participate in any further proceedings, including any missed deadlines or court appearances. 5. Supporting Evidence: Exhibits supporting my claims, such as copies of the complaint, any correspondence exchanged, relevant contracts, invoices, receipts, or any other pertinent documents. Considering the lack of response or participation from the opposing party, I firmly believe that a Default Judgment is appropriate in this case. It would provide an efficient means to resolve the dispute efficiently and accurately based on the evidence and facts presented. I kindly request that the Clerk of the Court review the enclosed documentation and initiate the appropriate procedures for issuing a Default Judgment in my favor. Please let me know if any additional information or actions are required from my end to facilitate this request. Thank you for your prompt attention to this matter. I have full confidence in the court's ability to administer justice fairly and efficiently. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]
Travis Texas Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit
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FAQ
If you do not owe the money, you can ask the court to cancel the county court judgment ( CCJ ) or high court judgment. This is known as getting the judgment 'set aside'. You can also do this if you did not receive, or did not respond to, the original claim from the court saying you owed the money.
You file a motion by completing the form and filing it with the same court that signed the default entry or default judgment. There is a $20 motion fee for filing a motion to set aside default.
Requirements Before You Can Enter a Default: (1) Defendant must be served with Summons and Complaint.(2) The time for responding to the Summons and Complaint must have passed.(3) Defendant must have failed to file a responsive pleading to the Complaint.(4) Defendant must be served with a Statement of Damages.
File your Motion and the copies with the court clerk's office in the court where your case was heard. File a copy of the proposed order with your Motion. You can file your forms in person or by mailing your Motion and the copies to the court. The clerk will give you a hearing date and time when you file your Motion.
After the court enters a default or a default judgment against you, you can't take any action in a case until you have it set aside. You can ask the court to set aside your default or default judgment by filing a Motion and Affidavit to Set Aside Default.
To persuade the court to set aside the judgment you will need to clearly show that you have a real prospect of successfully defending the claim. The statement accompanying the application is your chance to explain why the judgment should be set aside. Include a draft of your proposed defence to the action.
Instructions for Requesting a Default Judgment: STEP 1: Determine whether or not the. STEP 2: Compile all the documentation and. STEP 3: Complete and Sign the attached form: STEP 4: Send completed form, with all.
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.
An order of default is a court order saying that one party (usually the plaintiff) has won the case, and the defendant has lost, because the defendant did not participate in the case.
Collecting the Judgment 30 days after the debtor was served you can obtain a Writ of Execution (EJ-130). If the debtor does not file a motion to vacate the judgment in those 30 days, then your California judgment is finalized and you can begin collecting.
