[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Name of Clerk] [Name of Court] [Court Address] [City, State, ZIP Code] Re: Request for Default Judgment in Case No. [Insert Case Number] Dear [Name of Clerk], I hope this letter finds you well. I am writing to request a filing of a Request for Default Judgment in the above-mentioned case. Please find enclosed the necessary documents and supporting affidavit in accordance with the laws and regulations of the state of Arkansas. As per the court's rules and procedures, I am seeking a default judgment in this case as the defendant failed to respond or present any defense within the required time period. The details of the case are as follows: 1. Name of Plaintiff: [Your Name] 2. Name of Defendant: [Defendant's Name] 3. Case Number: [Insert Case Number] 4. Date of Filing: [Date of Filing] I kindly request that you file the following documents with the court: 1. Request for Default Judgment: This document formally requests the court to enter a default judgment in favor of the plaintiff due to the defendant's failure to respond or appear in the case. It contains all relevant details pertaining to the case, including the grounds for the default judgment. 2. Supporting Affidavit: Enclosed is the affidavit, duly signed and notarized, that affirms the facts of the case and provides supporting evidence. Please ensure that the affidavit is filed along with the Request for Default Judgment. I have taken the necessary steps to serve the defendant properly, as required by the court rules and guidelines. However, despite being served with the complaint, the defendant has failed to respond or appear before the court within the specified time frame. To support this request for default judgment, please find attached the following documents: 1. Proof of Service: This document provides evidence of the proper service of the complaint to the defendant, including the date, time, and method of service. 2. Copy of the Complaint: Attached is a copy of the filed complaint that outlines the plaintiff's claims against the defendant. 3. Mailed Notice of Default: I have sent a written notice of default to the defendant via certified mail, providing them an opportunity to respond or take appropriate action, but they have failed to do so. 4. Documentation of Damages: I have included all relevant documentation and evidence of the damages incurred by the plaintiff as a result of the defendant's actions or non-actions. I kindly request that you review and process these documents promptly. Should there be any additional requirements or fees associated with this filing, please inform me so that I can promptly provide the necessary payment or documents. Thank you for your attention to this matter. If you require any further information or documentation, please do not hesitate to contact me via the provided contact information. Your cooperation and assistance in expediting this filing are greatly appreciated. Yours sincerely, [Your Name]
Arkansas Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit
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How to fill out Arkansas Sample Letter To Clerk For Filing Request For Default Judgment With Supporting Affidavit?
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-- Rule 55(c) of the Arkansas Rules of Civil Procedure provides that a default judgment may be set aside for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) the judgment is void; (3) fraud, misrepresentation, or other misconduct of an adverse party; or (4) any other reason ...
Deferment or Forbearance A good first step is to contact your lender as soon as you realize that you may have trouble keeping up with your payments. The lender may be able to work with you on a more attainable repayment plan or help you obtain deferment or forbearance on your loan payments.
Rule 4 - Summons and Service of Process (a)Issuance of Summons. Immediately on the filing of the complaint, the clerk shall issue a summons to the plaintiff or the plaintiff's attorney, who shall deliver it for service to a person authorized by subdivision (c) of this rule to serve process.
If you never knew you were being sued, and motion for default judgment is filed against you, you should respond with a Motion to Vacate Judgment, also known as a Motion to Set Aside Judgment.
To have the default judgment set aside the defendant must show the court that: ????there is a good reason why they did not file a defence within 28 days. they have a bona fide (genuine) defence. they applied to set aside default judgment as soon as they became aware of it.
Request for Entry of Default (Application to Enter Default) (CIV-100) Asks the court to enter a "default" against the defendant or cross-defendant because they failed to file an Answer or other responsive document in the case.
After a default judgment, the Plaintiff will try to collect the money you owe. The Plaintiff may be able to take money from your paycheck or bank account and put a lien on your property. If you don't have any assets to pay the debt, you can let the Plaintiff. They may give up or try to collect in the future.
