Kansas Sample Letter for Entrance of Default Judgments

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Multi-State
Control #:
US-0020LTR
Format:
Word; 
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This form is a sample letter in Word format covering the subject matter of the title of the form.

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FAQ

Rule 74.05 - Entry of Default Judgment (a) Entry of Default Judgment. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, upon proof of damages or entitlement to other relief, a judgment may be entered against the defaulting party.

74.05. (a) Entry of Default Judgment. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, upon proof of damages or entitlement to other relief, a judgment may be entered against the defaulting party.

The motion must include an affidavit of the party in default (i) stating facts showing that the party in default has a good defense to the allegations in the pleading, and (ii) showing ?good cause? as to why the party in default failed to appear in court or to file an answer to the pleading.

A defendant must file a motion to set aside the judgment and then appeal from the court's ruling on that motion.

[if] the judgment is void.? A judgment is void if the trial court that rendered the judgment lacked jurisdiction to do so. The party moving to set aside the default judgment has the burden to prove that the request can be granted.

A default judgment (also known as judgment by default) is a ruling granted by a judge or court in favor of a plaintiff in the event that the defendant in a legal case fails to respond to a court summons or does not appear in court.

A judgment may be revived by filing a motion with the court prior to the expiration of the original judgment.

In general civil and criminal appeals, the notice of appeal is filed with the clerk of the trial court no later than ten (10) days after the judgment becomes final. Rules 30.01(d) and 81.04(a). The form and contents of a notice of appeal are contained in Form 8-A for both criminal and civil cases.

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Kansas Sample Letter for Entrance of Default Judgments