[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] The Honorable [Judge's Full Name] [Judge's Court] [Judge's Address] [City, State, ZIP] Re: Case Number [Case Number] — Default Judgment Submission Dear Judge [Judge's Last Name], I hope this letter finds you well. I am writing in the capacity of the [Plaintiff/Defendant] in the aforementioned case number. Kindly accept this correspondence as my formal submission of a Default Judgment for your consideration. I respectfully request that you review the enclosed Default Judgment, which complies with the appropriate rules and regulations governing the State of Alabama's judicial system. This submission addresses the defendant's failure to comply with court-ordered deadlines, respond to pleadings, or appear in court, as specified in the related court record. The basis for this request is as follows [provide a concise summary of the case facts leading to the default judgment]: 1. Relevant Keyword: Alabama Default Judgment 2. Relevant Keyword: Alabama Court System 3. Relevant Keyword: Alabama Judicial Regulations 4. Relevant Keyword: Civil Procedure Rules in Alabama Additionally, I have diligently followed all legal procedures and have provided ample opportunities for the defendant to participate in this case. However, their consistent failure to respond appropriately has left me with no choice but to seek a default judgment. Attached to this letter, you will find the following documents, which support my request for a default judgment: 1. Complaint and Summons: [Briefly describe the complaint filed and the served summons] 2. Proof of Service: [Provide proof of proper service to the defendant] 3. Affidavit of Default: [Include an affidavit attesting to the defendant's failure to respond or appear] 4. Supporting Evidence: [Attach any relevant evidence, such as invoices, contracts, photographs, or correspondence] 5. Proposed Default Judgment: [Include the proposed terms of the default judgment, including relief sought, damages, and costs] It is my sincere belief that, given the defendant's ongoing disregard for the court proceedings, a default judgment is appropriate in this matter. I affirm that the facts presented in this submission are true and accurate to the best of my knowledge. Should you require any additional information or documentation, please do not hesitate to contact me at [Your Phone Number] or [Your Email Address]. I am readily available to provide further clarification or address any concerns that may arise. Thank you for your attention to this matter. I trust in your wisdom to uphold justice in our judicial system. Yours sincerely, [Your Name]
Alabama Sample Letter to Judge submitting Default Judgment
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FAQ
If a judgment is entered against you, and you lack the financial resources to pay, the judgment becomes an additional debt that will need to be repaid. In many instances, the person or company suing you will seek compensation from you in one form or another. This may include: Wage garnishment.
In Alabama, money judgements last up to 20 years (Ala. Code § 6-9-190). But judgments are generally only enforceable for 10 years (Ala. Code § 6-9-191), and then they're renewed for another 10 years if the judgment debtor still hasn't paid the debt.
In Alabama, a creditor can place a judgment lien on your real property (or your personal property or vehicle) in order to collect the judgment, and it will remain attached to your real property for 10 years, even if you sell the property.
After entry of default pursuant to Rule 55(a), a default judgment may be entered by the court in all instances wherein entry of default judgment by the clerk is proper under Rule 55(b)(1) and, in addition thereto, in instances where entry of default judgment by the clerk would be proper but for the uncertainty of the ...
Rule 55(b)(1) allows the clerk to enter default judgment only when the claim is for a sum certain or a sum which can by computation be made certain. Rule 55(b)(2) relegates the entry of the default judgment to the court in all other cases.
On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered ...
If a judgment is entered against you, a debt collector will have stronger tools, like garnishment, to collect the debt. A judgment is an official result of a lawsuit in court. In debt collection lawsuits, the judge may award the creditor or debt collector a judgment against you.
If you still do not pay the plaintiff the money that you ONe him, he may have your wages garnished (withheld) from your pay check in order to collect his money, or the plaintiff may file an Execution against any property that you have, and the sheriff may sell that property in order for the plaintiff to collect his ...
