District of Columbia Sample Letter regarding Corrected Default Judgment [Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Re: Corrected Default Judgment Dear [Recipient's Name], I hope this letter finds you well. I am writing to bring to your attention a mistake in the default judgment entered against me in the [Case Number] case on [Date]. I have carefully reviewed the judgment, and it has come to my attention that there are several errors that need immediate correction. Firstly, the judgment incorrectly represents the amount owed. According to my records, the total outstanding balance was incorrectly stated as [amount]. However, the accurate amount should be [corrected_amount], which is reflected in the attached supporting documentation. I kindly request the correction of this discrepancy as it directly affects the accurate representation of my financial obligations. Secondly, there is an erroneous description of the collateral in the judgment. The asset listed, [Asset Description], does not accurately reflect the security pledged for the loan or debt. To rectify this error, I kindly request an amendment to reflect the accurate description of the pledged collateral, which is [Correct Asset Description]. Furthermore, the judgment inaccurately includes information regarding my employment status. The judgment claims that I am currently employed by [Employer's Name], which is incorrect. I would like to bring to your attention the fact that I do not hold any association or employment with the mentioned organization. Therefore, I request the immediate removal of this inaccurate information from the judgment. Moreover, the judgment fails to mention the agreed-upon payment plan or terms of repayment, which were previously established with the plaintiff. I kindly request the inclusion of the agreed-upon payment plan to ensure clarity and adherence to the terms initially agreed upon. In light of the aforementioned errors, I kindly request that a corrected default judgment be issued, accurately reflecting the modifications discussed above. I understand the importance of maintaining accurate legal records, and I am confident that rectifying these errors will lead to fair and just proceedings. I have enclosed copies of the necessary supporting documentation, including evidence of the corrected amount owed, the accurate description of collateral, and confirmation of my employment status. Furthermore, I kindly ask that you review these materials carefully and proceed with the necessary corrections. Thank you for your attention to this matter. I am confident that with your prompt action, we can rectify these errors and ensure the integrity of the default judgment. Please feel free to contact me at your earliest convenience should you require any additional information. Yours sincerely, [Your Name]
District of Columbia Sample Letter regarding Corrected Default Judgment
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FAQ
§ 3215. Default judgment. (a) Default and entry. When a defendant has failed to appear, plead or proceed to trial of an action reached and called for trial, or when the court orders a dismissal for any other neglect to proceed, the plaintiff may seek a default judgment against him.
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.
A default is a failure to fulfill an obligation. Defaulting is most common in regards to debtor-creditor law and contract law. Typically, a default leads to judicial proceedings or triggers the application of a separate contract provision.
A default judgment (also known as judgment by default) is a ruling granted by a judge or court in favor of a plaintiff in the event that the defendant in a legal case fails to respond to a court summons or does not appear in court.
The plaintiff must seek a clerk's default within one year of the default (CPLR 3215(a)). If the plaintiff fails to apply for a default judgment within one year of the default, the court can sua sponte or on motion dismiss the complaint as abandoned (CPLR 3215(c); see Waiver).
The court must set aside a default judgment if you: have paid the whole amount owed (including any interest and costs) before the date the creditor entered judgment; sent back the acknowledgment of service form within the time limit; put in a defence within the time limit; or.
Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party. Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law.
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.
