[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] Clerk of Court [Name of Court] [Address of Court] [City, State, ZIP Code] Subject: Request for Default Judgment with Supporting Affidavit Case Name: [Plaintiff] vs. [Defendant] Case Number: [Case Number] Dear Clerk of Court, I am writing to file a Request for Default Judgment with Supporting Affidavit in the above-mentioned case. I request that the court enter a default judgment in favor of the plaintiff due to the defendant's failure to respond or otherwise appear before the court within the prescribed time frame. I have enclosed the following documents for your review and inclusion in the court records: 1. Request for Default Judgment: This document formally requests the court to grant the plaintiff a default judgment based on the defendant's failure to answer or otherwise defend against the plaintiff's claims within the specified time limits. 2. Supporting Affidavit: This sworn statement provides detailed facts and evidence supporting the plaintiff's claims, demonstrating the validity and merit of the case. The affidavit includes relevant details, witness statements, and any other pertinent evidence that substantiates the plaintiff's position. 3. Notice of Filing: This document is provided to inform all parties involved, including the defendant, that the Request for Default Judgment with Supporting Affidavit has been filed with the court. This notice highlights the consequences of failing to respond or appear in court and requests the court to issue a judgment accordingly. 4. Proof of Service: This document verifies that a true and correct copy of the Request for Default Judgment, Supporting Affidavit, and Notice of Filing have been served to the defendant in accordance with the Idaho Rules of Civil Procedure. Service was conducted via [method of service], ensuring the defendant received proper notice. Furthermore, pursuant to the Idaho Rules of Civil Procedure, I request that the court sets a hearing date for the entry of default judgment. If the court determines that the documents provided satisfy the requirements for a default judgment, I ask that the court enter judgment in favor of the plaintiff. I trust the court will give due consideration to the enclosed documents and promptly process this request for default judgment. Should you require any additional information or documentation, please do not hesitate to contact me at the provided contact information. Thank you for your attention to this matter. Sincerely, [Your Name]
Idaho Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit
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How to fill out Idaho Sample Letter To Clerk For Filing Request For Default Judgment With Supporting Affidavit?
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FAQ
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.
[x] There are three underlying conditions that require the court to enter default against a party: (1) proper service on the party (2) who has failed to plead or otherwise defend (3) within the time for doing so.
An entry of default is the first step to obtaining a default judgment against a party, and allows you to proceed in the action without further notice or input from the opposing party. An entry of default can come in two forms, an entry by the clerk or an entry by the judge.
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.
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.
(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.
