Subject: Request for Default Judgment with Supporting Affidavit — Alaska Case [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] The Clerk of the [Name of Court] [Address of Court] [City, State, ZIP] Re: Request for Default Judgment with Supporting Affidavit — Case No. [Case Number] Dear Clerk of the Court, I hope this letter finds you well. I am writing to request a Default Judgment in the above-mentioned case with the following supporting affidavit, pursuant to the Alaska Civil Rules of Procedure, Rule 55. Case Details: Case Name: [Plaintiff's Name] v. [Defendant's Name] Case Number: [Case Number] Court Division: [State the division of the court] I, [Your Name], as the plaintiff in this case, filed a complaint against the defendant, [Defendant's Name], on [Date of filing complaint], alleging [Briefly describe the nature of the claim, e.g., breach of contract, personal injury, etc.]. The defendant was served with the summons and complaint on [Date], as confirmed by the Proof of Service attached herewith as Exhibit A. Despite proper service, the defendant has failed to answer the complaint or otherwise responsive plead within the required time frame prescribed by the Alaska Civil Rules, which is [number] days from the date of service. As of the date of this letter, the defendant has not filed an answer or any other responsive documents with the court. In response to the defendant's failure to timely respond, I hereby request that a Default Judgment be entered in favor of the plaintiff. Pursuant to Rule 55(a) of the Alaska Civil Rules of Procedure, a defendant's failure to plead or otherwise defend constitutes an admission of all well-pleaded allegations in the complaint. To support my request, I have attached the following documents for your review and consideration: 1. Affidavit in Support of Default Judgment (Exhibit B): This affidavit outlines the facts of the case, the defendant's failure to respond, and the grounds for default judgment. 2. Proposed Default Judgment Order (Exhibit C): This proposed order sets forth the relief sought by the plaintiff, including the specific damages, if applicable. I kindly request that you review the attached affidavit and proposed order and process my request for a default judgment as soon as possible. Please notify me of any additional documents or information that may be required to facilitate this process. Should you have any questions or require further clarification, please do not hesitate to contact me at [Phone Number] or [Email Address]. I appreciate your attention to this matter and look forward to your prompt response. Thank you for your assistance. Sincerely, [Your Name]
Alaska Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit
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How to fill out Alaska Sample Letter To Clerk For Filing Request For Default Judgment With Supporting Affidavit?
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FAQ
If you're sued, you can choose to do nothing. This means that you do not file any response by the deadline. The Plaintiff then can ask the judge to decide the case without your input. This is called a default or a default judgment.
To bring a lawsuit, the plaintiff files a document called a complaint with the court. The complaint explains what the dispute is about and states what relief the plaintiff is asking for. The defendant then has a chance to file a document called an answer.
If the court has entered a default judgment against you, the plaintiff can collect it like any other judgment. That means she can try to garnish your wages or attach your bank accounts, among other things.
What is an Order of Default? 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. The order of default does not settle the issue of how much money is owed.
How to ask for a default Fill out request for default. Request for Entry of Default (form CIV-100) ... If ready, also fill out forms to ask for a judgement. Judgment (form JUD-100) ... Mail copies to the defendant. Make at least 2 copies of everything. ... File forms. Bring the Request for Default to the court clerk.
For example, the Alaska statute of limitations is three years for contracts and two years for personal injury and personal property damage cases. If you don't file within the proper period, you lose your right to sue.
If you don't file a response to divorce papers, your spouse can request a default. This means asking the court to decide the case without your input. In a default divorce, the court makes the final decisions based on the information from your spouse, and what the law says, without hearing your side.
A default judgment means: The Plaintiff gets what was asked for in the Complaint and the court will not hear the Defendant's side of the story.
