[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Name of the Court] [Address of the Court] [City, State, ZIP Code] Subject: Submission of Default Judgment Request: Case No. [Case Number] Honorable Judge [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing to submit the Default Judgment request for the aforementioned case, Case No. [Case Number]. As the plaintiff, I am requesting the court to enter a Default Judgment in my favor due to the defendant's failure to respond appropriately within the required timeframe. The facts of the case are as follows: [Provide a summarized explanation of the case background, without delving into excessive detail.] It is with regret that I must inform the court that despite being duly served with the summons and complaint, the defendant has failed to respond within the period specified by the court rules. As per Rule [Rule Number] of the Delaware Civil Rules, failure to respond within [Number of Days] days after being served constitutes default. In support of this request, I have enclosed the following supporting documents: 1. Proof of Service: [Describe the method of service and include any tracking numbers, receipts, or affidavits of service that you possess.] 2. Filed Summons and Complaint: [Include copies of the filed summons and complaint, highlighting the date of service.] 3. Correspondence: [Attach any relevant correspondence between the parties, if applicable.] 4. Affidavit of Default: [If available, include an affidavit of default signed by the clerk of the court or an authorized individual.] Based on the aforementioned evidence, I am respectfully requesting the court to grant a Default Judgment in my favor. I kindly request that the court considers the following relief sought: 1. Damages: [Specify the amount of damages sought, whether compensatory, punitive, or otherwise, and provide a detailed breakdown if necessary.] 2. Court Costs and Attorney Fees: [If applicable, mention the costs and fees incurred during the legal proceedings.] 3. Other Relief: [Any other forms of relief sought, such as injunctive relief or declaratory judgment; if not applicable, omit this section.] I understand that the court will evaluate the merits of this request and the attached documentation. Your honor, I appreciate your attention to this matter and your diligent consideration of my request for a Default Judgment. If any additional information or documentation is necessary, please inform me, and I will promptly provide it to the court. Thank you for your time and consideration. Sincerely, [Your Name]
Delaware Sample Letter to Judge submitting Default Judgment
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How to fill out Delaware Sample Letter To Judge Submitting Default Judgment?
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FAQ
If the court has entered a default judgment against you, the plaintiff can collect it like any other judgment. That means she can try to garnish your wages or attach your bank accounts, among other things.
A default judgment can only be obtained in an Unlawful Detainer case for possession. You have to follow some steps and fill out forms to do this. See CCP 585 to learn the rules for default.
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.
A very important fact you should keep in mind is that California courts do impose a timeline for seeking entry of a default judgment. Specifically, a request for entry of default must be filed within 10 days following a defendant's failure to timely file and serve a responsive pleading.
IMPORTANT NOTICE. You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the Court your defenses or objections to the claims set forth against you.
To ask the judge to set aside your default judgment, you must file a ?motion? (a formal written request) with the court.
If you don't file a response to divorce papers, your spouse can request a default. This means asking the court to decide the case without your input. In a default divorce, the court makes the final decisions based on the information from your spouse, and what the law says, without hearing your side.
(b) A party may, within 10 days of the entry of a default judgment or a nonsuit, file a motion with the court to vacate the judgment and if, after a hearing on the motion, the court finds that the party has satisfied the requirements of Justices of the Peace Civil Rule 60(b), it shall grant the motion and permit the ...
