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Florida Sample Letter to Clerk for filing Default Judgment Signed by Judge

State:
Multi-State
Control #:
US-0363LTR
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Name of Clerk] [Florida Clerk of Court] [Address] [City, State, ZIP] Subject: Request for Filing Default Judgment Signed by Judge Dear [Name of Clerk], I hope this letter finds you in good health. I am writing to request assistance with filing a Default Judgment signed by a judge, as per the guidelines outlined by the Florida Court system. I am representing myself as a pro SE litigant in the case of [Case Name], docket number [Docket Number], in [Court Name], Florida. The purpose of this letter is to provide all the necessary information and documentation required for the filing of a Default Judgment. 1. Case Summary: [Provide a brief summary of the case, including the involved parties, cause of action, relevant dates, and any important details.] 2. Service of Process: [Include details about the method of service used for the defendant(s). Explain that the defendant(s) were properly served with the Summons and Complaint, but failed to respond within the required timeframe.] 3. Request for Default Judgment: [Clearly state your request for the court to enter a Default Judgment due to the defendant(s) failing to respond within the appropriate period required by Florida law.] 4. Supporting Documentation: Enclosed with this letter, please find the following documents to support the entry of a Default Judgment: a. Affidavit of Service: [Include a copy of the completed Affidavit of Service, signed and notarized.] b. Motion for Default Judgment: [Attach a copy of the Motion for Default Judgment, including any supporting evidence, such as itemized damages or outstanding balances, if applicable.] c. Proposed Default Judgment Order: [Include a proposed order for the judge to sign, which outlines the relief sought and any applicable damages or remedies.] 5. Next Steps: I kindly request that you file the above documents with the court and provide me with the filed-stamped copies for my records. Additionally, please notify me of any additional steps or fees required for the processing of the Default Judgment. Should you require any further information or documentation, please do not hesitate to contact me at the phone number or email address provided above. I thank you for your attention to this matter and greatly appreciate your assistance in processing the Default Judgment. I look forward to your prompt response and the successful resolution of this case. Yours sincerely, [Your Name]

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FAQ

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. Get help if you have a default but didn't want one.

The most important effect of a default is that the plaintiff can proceed to judgment against the defaulted party immediately after the default is entered by the clerk or court.

(a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.

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.

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.

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.

Form 76 should be used to obtain a Clerk's default when the Tenant has failed to respond to an eviction complaint and Form 77 should be used to obtain a Clerk's default when the Tenant has failed to respond to a complaint for back rent and damages.

More info

Jun 1, 2023 — Counsel typically file the affidavit of nonmilitary service and proof of service of the complaint as both: Separate documents before filing the ... Feb 23, 2017 — File a certificate signed by Plaintiff's counsel that delivery of this Order/Judgment as been made as set forth herein. FINAL JUDGMENTS OF ...Jul 6, 2021 — File a certificate signed by Plaintiff's counsel that delivery of this Order/Judgment as been made as set forth herein. Date of submission. Dear ... Use this checklist to complete your default judgment prior to filing it with the court. ... (Judicial Council form CIV-050) has not been filed when the complaint ... Jul 14, 2023 — The motion for a default judgment must first be filed with the clerk and served on every defaulted defendant. Any damages included in a proposed ... The Clerk can grant the request certifying that the defendant has failed to answer, plead or defend. • A request for default judgment is filed in an adversary ... Final Judgment – a written document signed by a judge and recorded in the clerk of the circuit court's office that contains the judge's decision in your case. Jan 3, 2023 — Q. Judge Smith, what is a default judgment? Does a default judgment end the case? Thank you, Dee.A. Due process of law requires notice and ... I acted quickly to file this Motion once I became aware the court entered a default and/or default judgment against me. 5. I am acting in good faith. PRINT THE ... The trial court judge has authority to enter default judgment in all cases in which such judgment is authorized. In a narrow set of circumstances, default ...

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Florida Sample Letter to Clerk for filing Default Judgment Signed by Judge