Alabama Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit

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Multi-State
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US-0368LTR
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This form is a sample letter in Word format covering the subject matter of the title of the form.

Subject: Alabama Sample Letter to Clerk for Filing Request for Default Judgment with Supporting Affidavit Dear Clerk of the Court, I hope this letter finds you well. I am writing to request assistance in filing a Request for Default Judgment in the state of Alabama. As per the requirements of this process, I have prepared a detailed letter along with a supporting affidavit, which I kindly ask you to review and file accordingly. In the matter of [Case Name or Number], I would like to proceed with a Request for Default Judgment due to the opposing party's failure to respond or defend the case within the specified time frame. This motion is being filed in accordance with the Alabama Rules of Civil Procedure [mention the specific rule(s) applicable to your case]. Enclosed, please find the following documents: 1. Request for Default Judgment: This document outlines the details of the case and explains why the default judgment is being sought. It provides a comprehensive summary of the facts, applicable laws, and any supporting evidence or legal precedents. 2. Supporting Affidavit: The supporting affidavit provides sworn statements and evidence that support the grounds for the default judgment. This includes any relevant supporting documents, such as contracts, agreements, receipts, or correspondence, which were previously submitted to the court during the case proceedings. I kindly request that you carefully review the enclosed documents and ensure they meet the requirements for filing a Request for Default Judgment in the state of Alabama. If any additional information or documentation is required, please let me know promptly, and I will provide it to you as soon as possible. Please note that I have included a self-addressed, stamped envelope for your convenience in returning any necessary filings or correspondences. Should you have any questions or require further clarification, please do not hesitate to contact me at [your contact information]. It is my sincere hope that with your assistance, we can proceed with the filing in an expeditious and accurate manner. Thank you for your attention to this matter. Sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Phone number] [Email address] Keywords: Alabama, sample letter, clerk, filing request, default judgment, supporting affidavit.

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FAQ

Section 735 ILCS 5/2-1302 - Notice of entry of default order (a) Upon the entry of an order of default, the attorney for the moving party shall immediately give notice thereof to each party who has appeared, against whom the order was entered, or such party's attorney of record.

Upon mailing, the attorney or party shall immediately file with the court an "Affidavit of Certified Mailing of Process and Complaint." That affidavit shall verify that a filed copy of the process and complaint or other document to be served has been mailed by certified mail in ance with this rule.

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 ...

Rule 55(a) provides that when a party fails to respond to a complaint, the clerk shall record an entry of default.

Default. When a defendant does not answer within the required time or fails to appear when the case is set for trial, the clerk of the court shall enter a default against the defendant.

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.

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 ...

More info

Read Form 79 - Application to clerk for entry of default and supporting affidavit, Ala. R. Civ. P. Form 79, see flags on bad law, and search Casetext's ... v. Plaintiff. Defendant. I, affiant, request that the clerk of court, or judge, pursuant to Rule 55(b), Alabama Rules of Civil Procedure (ARCP),.Application, Affidavit, for Entry of Default Judgment (For Unlawful Detainer), 6/13/2017. C-26, Default Judgment entered by Clerk ... a Magistrate-Warrant Clerk ... File a Statement of Claim (Complaint) form with the Clerk. A filing fee must be paid at the time of filing. Contact the Clerk for the amount of the filing fee. The Clerk can grant the request certifying that the defendant has failed to answer, plead or defend. • A request for default judgment is filed in an adversary ... If the Defendant does not answer by the 14-day deadline, you can ask the clerk for a Default Judgment by filling out an Application and Affidavit for Entry of. Plaintiff. Defendant. I, affiant, request that the clerk of court, or judge, pursuant to Rule 55(b), Alabama Rules of Civil Procedure. (ARCP), enter default ... If the plaintiff's claim is for a sum certain or a sum that can be made certain by computation, the clerk—on the plaintiff's request, with an affidavit showing ... Fill out an application to waive the filing fee if necessary. When you file your motion, the court clerk will charge you a filing fee if it is your first ... I. Introduction. After being properly served with the complaint and summons in a civil action, the defendant has a certain amount of time—typically thirty ...

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Alabama Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit