Subject: Filing Request for Default Judgment with Supporting Affidavit — Delaware Dear Clerk's Office, I am writing to request a default judgment in the case of [Case Name and Number], as the defendant has failed to respond or appear in court within the required timeframe. Enclosed with this letter, you will find the necessary documents for filing the default judgment, including a supporting affidavit. The default judgment is being sought in accordance with the Delaware Rules of Civil Procedure [cite specific rule number], which allows for the court to enter a judgment in favor of the plaintiff when the defendant does not file a response or appear in court within the specified time period. Please find below a detailed breakdown of the documents enclosed: 1. Request for Default Judgment: This document outlines the basis for seeking a default judgment and requests the court to enter a judgment in favor of the plaintiff due to the defendant's failure to respond or appear. 2. Supporting Affidavit: The affidavit provides a sworn statement attesting to the facts and circumstances of the case, including details about the defendant's failure to respond or appear, along with any relevant evidence. 3. Certificate of Service: This document confirms that a copy of the complaint was properly served to the defendant and states the method and date of service, as required by Delaware law. 4. Notice of Motion: This notice informs the court and the defendant of our intention to file a motion for default judgment, including the date on which the motion will be filed. 5. Proposed Default Judgment Order: This document outlines the specific relief sought by the plaintiff and requests the court to enter a judgment in accordance with the applicable laws and regulations. It is important to note that the documents provided have been prepared in accordance with the rules and regulations set forth by the Delaware court system. However, please review the enclosed documents and let me know if any adjustments or additional information is required to ensure compliance with your specific guidelines. If there are different types of Delaware Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit, they may include variations based on the specific legal context, such as civil versus criminal cases, or the type of relief sought (e.g., monetary judgment, injunction, etc.). However, the basic elements mentioned above should be included in all requests for default judgment. Thank you for your attention to this matter. Please feel free to contact me if you require any further information or have any questions regarding this request. I look forward to a prompt resolution to the case. Sincerely, [Your Name] [Your Contact Information]
Delaware Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit
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How to fill out Delaware Sample Letter To Clerk For Filing Request For Default Judgment With Supporting Affidavit?
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The following are methods by which you may attempt to collect your judgment. Agreement by both parties. ... Collecting from the Defendant's Wages. ... Collecting from the Defendant's property. ... File a Lien on Real Property.
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.
Rule 12. Attorneys of record; withdrawal. (i) Original signature by Delaware attorney. ?Except in the case of a party appearing pro se, all papers filed with the Court shall be signed by an attorney who is an active member of the Bar of this Court and who maintains an office in Delaware for the practice of law.
Hear this out loud PauseA default is a failure to perform a duty in legal proceedings. A default judgment is binding, and the defaulting defendant may not litigate his case or present any evidence. A civil action default judgment will grant the amount of relief sought in a plaintiff's complaint.
Hear this out loud PauseA default judgment or judgment in default is a judgment entered without trial where a defendant has failed to respond to a claim. It is an administrative procedure which means judgment is entered without consideration of the merits of the claim.
Hear this out loud PauseOnce a default judgment has been obtained, the Claimant can take enforcement action to recover the judgment sum by, for example, instructing bailiffs, applying for an attachment of earnings order or obtaining a charging order over the Defendant's home.
Hear this out loud PauseWhat happens when you get a default judgment against you. 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.
Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the Court any time of its own initiative, or on motion of any party and after such notice, if any, as the Court orders.
