Illinois Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit
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How to fill out Sample Letter To Clerk For Filing Request For Default Judgment With Supporting Affidavit?
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FAQ
(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.
