[Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Insert Clerk's Name] Clerk of the Iowa District Court [District Court Address] [City, State, Zip Code] Subject: Request for Default Judgment with Supporting Affidavit — Case No. [Insert Case Number] Dear [Clerk's Name], I am writing to file a Request for Default Judgment with Supporting Affidavit in the above-mentioned case. I kindly request you to accept this letter and its attachments as proper filing for the said request. Iowa Sample Letter #1: Case Title: [Insert Case Title] Case Number: [Insert Case Number] Court: [Insert District Court Name] Plaintiff: [Insert Plaintiff's Name] Defendant: [Insert Defendant's Name] I, [Your Name], as the plaintiff in the aforementioned case, hereby request the court to enter a default judgment against the defendant, [Defendant's Name], pursuant to [Insert relevant Iowa Code or Rule citation — e.g., Iowa Rule of Civil Procedure 1.943(3)]. I have attached the following documents as evidence supporting my request for default judgment: 1. Affidavit of Service: This document confirms that the defendant was properly served with the summons and complaint, attaching a copy of the affidavit of service completed by the authorized process server. 2. Return Receipts: Attached are the return receipts or delivery confirmations indicating that the defendant has received the court documents that were mailed by certified mail. 3. Affidavit of Default: I have included a signed affidavit stating that the defendant has failed to respond to the lawsuit within the required time frame and is therefore in default. 4. Statement of Damages: Enclosed is a detailed statement of damages, including the amount claimed and a breakdown of how the damages were incurred. 5. Supporting Documentation: I have attached supporting documentation, such as contracts, receipts, invoices, or any other relevant documents, that substantiate and prove the claims made in the statement of damages. I believe that based on the evidence provided, the court should find in favor of the plaintiff and enter a default judgment against the defendant. I request that the court schedules a hearing to determine the appropriate damages and any other relief to which I may be entitled. Kindly acknowledge receipt of this filing and provide me with any further instructions or additional documentation required to proceed with my request. In accordance with the rules and regulations of the Iowa District Court, I have enclosed the necessary filing fee of $[Insert Filing Fee Amount]. Should you require any further information or documentation, please do not hesitate to contact me at [Your Phone Number] or via email at [Your Email Address]. Thank you for your attention to this matter. Sincerely, [Your Name]
Iowa Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit
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How to fill out Iowa Sample Letter To Clerk For Filing Request For Default Judgment With Supporting Affidavit?
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FAQ
What are the steps in a Contempt of Court action? We file an application for a contempt citation, including the facts supporting the application, with the Clerk of Court, and serve it on the person ordered to pay support. The court holds a hearing to decide whether the violation of the support order is willful.
Rule 1.972 - Procedure for entry of default 1. If a party not under legal disability or not a prisoner in a reformatory or penitentiary is in default under rule 1.971(1) or 1.971(2), the clerk shall enter that party's default in ance with the procedures set forth in this rule without any order of court.
In addition, rule 1.943 allows for voluntary dismissal of the plaintiff's petition without prejudice once as a matter of right. Id. r. 1.943.
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.
4.4(3) Default decisions or decisions rendered on the merits after a party has failed to appear or participate in a contested case proceeding become final agency action unless, within 15 days after the date of notification or mailing of the decision, a motion to vacate is filed and served on all parties or an appeal of ...
A 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.
981(3)Motion and proceedings thereon. The resistance shall include a statement of disputed facts, if any, and a memorandum of authorities supporting the resistance. If affidavits supporting the resistance are filed, they must be filed with the resistance.
Except in domestic relations proceedings, no later than 21 days after any defendant has answered or appeared, the clerk shall provide a notice of civil trial-setting conference to all parties not in default.
The statute of limitations for small claims judgments for execution purposes is twenty years, and liens on those judgments exist for ten years. See Iowa Code sections 614.1(6), 624.23(1), 626.2 and 631.12. However, a judgment can be renewed by filing a new action.
