Alabama Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit
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How to fill out Sample Letter To Clerk For Filing Request For Default Judgment With 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 ...
