Indiana Sample Letter to Clerk for Filing Request for Default Judgment with Supporting Affidavit [Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Name of the Clerk] [Name of the Court] [Address] [City, State, Zip Code] Subject: Request for Default Judgment with Supporting Affidavit — [Case Number] Dear [Name of the Clerk], I hope this letter finds you well. I am writing to submit my request for a default judgment in the case [Case Number], which is currently pending before the [Name of the Court]. As per the court rules, I am enclosing a supporting affidavit, detailing the reasons why the default judgment should be granted. I would like to provide the following relevant information in support of this request: 1. Case Summary: Provide a brief summary of the case, including the parties involved, the nature of the dispute, and any relevant background information. 2. Service of Process: State when the defendant(s) were served with the necessary documents, including the complaint, summons, and any other relevant court orders or notices. If there have been any attempts to serve the defendant(s) and the methods used, include this information as well. 3. Default: Explain that the defendant(s) failed to respond to the complaint within the required time frame as per the rules of the court, thereby resulting in a default. 4. Standard for Default Judgment: Outline the requirements for obtaining a default judgment in Indiana, such as the timeframe for filing the request after the entry of default, and any specific conditions or criteria that need to be met. 5. Supporting Affidavit: Attach a notarized affidavit that provides detailed facts and evidence supporting the default judgment request. The affidavit should clearly demonstrate that the plaintiff has a valid claim, that the defendant(s) was properly served, and that the defendant(s) failed to respond or defend the case within the court's specified time limits. 6. Relief Sought: Clearly state the type of relief sought in this default judgment request, whether it is monetary damages, specific performance, injunction, or any other appropriate remedy. 7. Supporting Documents: Include any relevant supporting documents that further support your request and/or demonstrate the merits of your case. These may include contract agreements, photographs, invoices, receipts, emails, or any other exhibits that help substantiate your claim. Please find enclosed all the necessary documents, including the original and duplicate copies, as required by the court. I kindly ask that you acknowledge receipt of this request and provide me with any additional instructions or forms that may be required for the completion of this request. If there are different types of Indiana Sample Letters to Clerk for filing Request for Default Judgment with Supporting Affidavit, they could be categorized based on specific case types, such as civil litigation, small claims, family law, or probate matters. However, the overall structure and content of the letter will remain similar, with the case-specific details varying accordingly. Thank you for your attention to this matter, and I look forward to receiving confirmation of the processing and outcome of my default judgment request. Sincerely, [Your Name]
Indiana Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit
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How to fill out Indiana Sample Letter To Clerk For Filing Request For Default Judgment With Supporting Affidavit?
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FAQ
It is a court judgment awarding a plaintiff the relief sought in the complaint because the defendant has failed to appear in court or otherwise respond to the complaint.
When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial.
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.
In the event a court fails for thirty (30) days to set a motion for hearing or fails to rule on a motion within thirty (30) days after it was heard or thirty (30) days after it was filed, if no hearing is required, upon application by an interested party, the submission of the cause may be withdrawn from the trial ...
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.
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.
A default occurs when a defendant/ respondent fails to answer the suit upon service within the time allowed by law. Summary judgment occurs upon motion of one of the parties to litigation that, upon the facts in evidence, the moving party is entitled to a judgment as a matter of law.
If a defendant has failed to timely file an answer, to appear when summoned, or otherwise fail to plead, the plaintiff may file a request for a default judgment in their favor.
