Subject: Illinois Sample Letter to Clerk for Filing Request for Default Judgment with Supporting Affidavit Keywords: Illinois, Sample Letter, Clerk, Filing Request, Default Judgment, Supporting Affidavit Dear [Clerk's Name], I hope this letter finds you well. I am writing to request your assistance in filing a default judgment with a supporting affidavit in the case of [Case Name/Number] currently under your jurisdiction in the [Court Name]. I have thoroughly reviewed the Illinois Statutes and the corresponding court rules, and I believe that the defendant in this case, [Defendant's Name/Names], has failed to respond within the required timeframe. As a result, I am seeking a default judgment in favor of the plaintiff, [Plaintiff's Name]. Enclosed with this letter, you will find the following documents: 1. Request for Default Judgment: This document explicitly outlines the reasons for seeking the default judgment and highlights the defendant's failure to respond to the initial summons within the prescribed time limits. It contains relevant information such as the case details, a summary of the plaintiff's claims, and a request for the court's intervention. I kindly request the court's seal be affixed upon review and approval. 2. Supporting Affidavit: This document complements the request for default judgment by providing additional evidence supporting the plaintiff's claims, including relevant documentation, witness statements, and any other pertinent information. The affidavit attests to the truth and accuracy of the enclosed evidence. 3. Certificate of Service: Bearing in mind the importance of observing due process, I have included a certificate of service to demonstrate that all parties involved, including the defendant and their legal representatives, have been properly notified of the pending legal action in compliance with Illinois court rules. I kindly request that you acknowledge the receipt of these documents and inform me of any additional requirements or fees associated with the filing process promptly. Additionally, please provide an estimate regarding the timeframe within which I may expect a decision on the default judgment request. Should you require any additional documentation or information to facilitate the process, please do not hesitate to contact me at [Your Phone Number] or [Your Email Address]. Thank you for your attention and assistance throughout this matter. I genuinely appreciate your dedication and commitment to ensuring a fair legal process in our state. Sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Phone Number] [Email Address] Additional types of Illinois Sample Letters to Clerk for filing Request for Default Judgment with Supporting Affidavit may include: 1. Illinois Sample Letter to Clerk for filing Request for Default Judgment on Unliquidated Damages: This letter specifically pertains to cases where the plaintiff is requesting a default judgment on unliquidated damages, i.e., damages that cannot be easily quantified, such as pain and suffering. 2. Illinois Sample Letter to Clerk for filing Request for Default Judgment in Small Claims Court: This type of letter is applicable in situations where the case is heard in small claims court, which typically handles civil disputes involving matters of relatively smaller monetary value. 3. Illinois Sample Letter to Clerk for filing Request for Default Judgment in Family Law Matters: This variation of the letter is used when seeking a default judgment in family law cases, such as divorce or child custody matters. 4. Illinois Sample Letter to Clerk for filing Request for Default Judgment in Landlord-Tenant Disputes: This letter template is utilized in cases where dispute resolution is sought between a landlord and a tenant, typically for non-payment of rent or other violations of the lease agreement. Note: The contents of these sample letters may vary depending on the specific circumstances and legal requirements applicable to each category of case. It is important to consult local rules and regulations or seek professional legal advice to ensure the accuracy and relevancy of the content presented above.
Illinois Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit
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How to fill out Illinois Sample Letter To Clerk For Filing Request For Default Judgment With Supporting Affidavit?
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(d) Judgment by default may be entered for want of an appearance, or for failure to plead, but the court may in either case, require proof of the allegations of the pleadings upon which relief is sought.
What is a Prove-Up for a Default Judgment? Even when the defendant fails to appear in court, the court may require that the plaintiff present proof of the allegations in the complaint before the default judgment is entered.
For example, let's say Annie files a lawsuit against Bridget. Bridget appears in court to argue her side of the case, but Annie forgets to go to court. The judge enters a default judgment against Annie and dismisses the lawsuit because Annie did not show up in court.
Section 735 ILCS 5/2-1302 - Notice of entry of default order (a) Upon the entry of an order of default, the attorney for the moving party shall immediately give notice thereof to each party who has appeared, against whom the order was entered, or such party's attorney of record.
In Illinois, your mortgage loan will automatically default after 90 days without payment. At this point, your lender will send a Notice of Default (NOD), which serves the purpose of informing you of their intent to foreclose on your property due to lack of payment.
File a Citation to Discover Assets This will allow you to learn what property the debtor owns, and then try to collect against it. Fill out our form citation. Once you file it with the Clerk, you must serve the debtor with a copy of the citation. This means you must deliver a copy to them through the sheriff.
Civ. P. 55(b)(1) a default judgment for a sum certain may be sought from the clerk by written request accompanied by an affidavit providing the information detailed in the rule. Failure to comply with this standing order will result in the denial of the motion.
