Hawaii Sample Letter to Judge submitting Default Judgment

State:
Multi-State
Control #:
US-0078LTR
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 Code] [Email Address] [Phone Number] [Date] [Honorable Judge's Full Name] [Judge's Designation] [Court Name] [Court Address] [City, State, Zip Code] Re: Default Judgment Submission in Case No. [Case Number] Dear Honorable Judge [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing to respectfully submit this letter as a formal request for a default judgment in the aforementioned case, pursuant to the applicable laws and regulations of the State of Hawaii. I, [Your Full Name], as the plaintiff in the above-mentioned case, formally request this default judgment based on the defendant's failure to respond or appear within the required time frame as indicated by the court rules. Despite proper service of the summons and complaint, the defendant has not filed an answer, counterclaim, or any other responsive pleading within the time limit prescribed by law. In accordance with the provisions of Rule [relevant rule number] of the Hawaii Rules of Civil Procedure, I am entitled to have a default judgment entered in my favor due to the defendant's failure to respond in a timely manner. As there are no outstanding issues or disputes requiring further litigation, I kindly request that the court now proceed to grant the default judgment and provide appropriate relief as deemed just and proper under the law. Following the defendant's default and my entitlement to a default judgment, I am requesting the following remedies be granted: 1. Compensatory Damages: As detailed in the complaint, I seek reasonable compensatory damages to rectify the losses and injuries incurred as a result of the defendant's actions. The amount requested is $[dollar amount]. 2. Punitive Damages: Considering the defendant's willful non-compliance and disregard for the legal process, I respectfully request punitive damages totaling $[dollar amount] to deter future similar misconduct and uphold the integrity of the legal system. 3. Prejudgment Interest: In accordance with the laws of the State of Hawaii, I request the court to award prejudgment interest on the awarded compensatory damages at the statutory rate of [enter interest rate] percent from the date of the incident until the date of judgment. 4. Attorney's Fees and Costs: I kindly request the court to grant me reimbursement for all reasonable attorney's fees and costs incurred in pursuing this legal action, as allowed under applicable statutes and court rules. An exemplified copy of this letter, along with the affidavit of default which provides evidence of proper service and the defendant's failure to respond, are attached for your reference and ease of processing. I trust in the wisdom of this esteemed court to render a fair and just decision in this matter based on the evidence and applicable laws. Thank you for your careful consideration of this request. Should you require any additional documentation or information, please do not hesitate to contact me at [Your Phone Number] or [Your Email Address]. Yours sincerely, [Your Full Name] [Your Case References: Case No. [Case Number]] [Plaintiff in the Case]

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FAQ

Rule 55 - Default (a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default. (b) Judgment.

If it has been 30 days or less, you can get rid of ("vacate") a default judgment by filing a motion. This is a written request to the judge asking them to throw out the judgment. You will have to send a copy of the motion to the other party in the case, and then show up in court for a hearing.

Rule 15 - Default Judgment and Stopper (a) Entry of Judgment. A default judgment may be entered when the defendant fails to answer or respond to the notice of infraction within twenty-one (21) calendar days from the date the notice of infraction was issued, or fails to appear at any scheduled hearing.

Rule 7 - Form of Motions (a) Form. All motions, except when made during a hearing or trial, shall be in writing, shall state the grounds therefor, shall set forth the relief or order sought, and if involving a question of law shall be accompanied by a memorandum in support of the motion.

Rule 11 - Signing of Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions (a) Signature. Every pleading, written motion, and other paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is unrepresented, shall be signed by the party.

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.

A party may obtain discovery of the existence and contents of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment.

A diligent effort to effect service shall be made in all actions. An action or claim may be dismissed sua sponte with written notice to the parties if no service is made within 6 months after the action or claim has been filed.

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Mar 28, 2006 — After completing this form, you should sign the form, make a copy for your records, and file the original motion and the appearance bond with ... Judgment/Post-Judgment ; Discontinuance of OE. Ex Parte Motion for Discontinuance of Order for Examination and/or Recall of Bench Warrant; Order; Certificate of ...To ask the judge to set aside your default judgment, you must file a “motion” (a formal written request) with the court. The Self-Help Center has a form ... If the motion to set aside default judgment is denied, there shall be no hearing on the notice of infraction and the appearance bond shall be applied to satisfy ... If you do not show up, the court can enter a "default judgment" against you. A default means that the case will be decided against you in your absence. If ... There are several forms you have to fill out to get the judge to finalize your case. ... The Plaintiff must complete the default form and submit it to the Clerk's ... It is a request that, to avoid expenses, you waive formal service of a summons by signing and returning the enclosed waiver. To avoid these expenses, you must ... Bankruptcy Forms ; B 101A, Initial Statement About an Eviction Judgment Against You (individuals), Individual Debtors ; B 101B, Statement About Payment of an ... FOR DEFAULT JUDGMENT OF PERMANENT INJUNCTION. AGAINST LOU ANN PALERMINI MOSER. THIS CAUSE is before the Court on the request of the United States of America ... THIS MATERIAL CAN BE MADE AVAILABLE FOR INDIVIDUALS WITH SPECIAL. NEEDS IN BRAILLE, LARGE PRINT OR AUDIO TAPE. PLEASE SUBMIT YOUR. REQUEST TO THE OFFICE OF ...

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Hawaii Sample Letter to Judge submitting Default Judgment