[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Court Name] [Court Address] [City, State, ZIP Code] Subject: Submission of Default Judgment Request [Case Number: ______] Dear Honorable [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing to respectfully submit a Default Judgment request in the above-mentioned case. As per the Louisiana Code of Civil Procedure, Article 1702, and the Rules of Court, I believe this submission aligns with the necessary criteria for the entry of a default judgment. I am writing this letter as a [plaintiff/defendant] in the case mentioned above. As you may recall, the opposing party has failed to answer or properly respond to the court summons within the specified time frame, resulting in the court's issuance of a default against them. I would like to present this matter for your review to seek justice in accordance with the applicable laws and rules. To substantiate my claim for a default judgment, I have attached the following supporting documents: 1. [Attach relevant supporting documents, such as the original complaint, certified mail receipt, time-stamped proof of service, and any other relevant documents.] Based on the evidence presented, it is evident that the opposing party has displayed a lack of interest or involvement in the legal proceedings thus far. Their actions, or lack thereof, have caused considerable delay and unnecessary complications for all parties involved in this case. Considering the evidence provided, I respectfully request that Your Honor proceed with the entry of a Default Judgment in favor of the non-defaulting party, in accordance with the Louisiana Code of Civil Procedure and the relevant rules of the court. Please let me know if there are any additional documents or information required to facilitate your review. I have the utmost confidence in your ability to evaluate this matter diligently and ensure a fair and just resolution. Thank you for your attention to this matter. I look forward to receiving your decision on the entered Default Judgment and a prompt resolution of this case. Should you require any further information or need clarification, please feel free to contact me at the provided contact details. Yours sincerely, [Your Full Name] [Your Case Docket Number] (if applicable)
Louisiana Sample Letter to Judge submitting Default Judgment
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How to fill out Louisiana Sample Letter To Judge Submitting Default Judgment?
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Default. (a) Entry . When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default.
(1) If a defendant in the principal or incidental demand fails to answer or file other pleadings within the time prescribed by law or by the court, and the plaintiff establishes a prima facie case by competent and admissible evidence that is admitted on the record, a default judgment in favor of the plaintiff may be ...
A very important fact you should keep in mind is that California courts do impose a timeline for seeking entry of a default judgment. Specifically, a request for entry of default must be filed within 10 days following a defendant's failure to timely file and serve a responsive pleading.
Most significantly, the Legislature eliminated the requirement that parties seek a ?preliminary default? judgment before confirming a ?final? judgment of default. Now, Louisiana's default judgment process takes away defendants' opportunity to request that courts set aside preliminary defaults.
The state of Louisiana is unique in that nearly all civil actions have a one-year statute of limitations (most states range from two to five years for more claims). The exceptions are the three-year limits on collections of rent and debts and a 10-year statute of limitations for contracts and judgments.
A judgment of default must be confirmed by proof of the demand sufficient to establish a prima facie case. If no answer is filed timely, this confirmation may be made after two days, exclusive of holidays, from the entry of the judgment of default.
