[Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Clerk's Name] [Court Name] [Court Address] [City, State, Zip Code] Re: Request for Default Judgment and Supporting Affidavit Dear [Clerk's Name], I hope this letter finds you well. I am writing to file a Request for Default Judgment along with a Supporting Affidavit in the case of [Plaintiff] v. [Defendant] in [Court Name], Louisiana. As per the rules and regulations of the court, I have provided proper notice to the defendant regarding the lawsuit filed against them. However, despite being duly served with the summons and complaint, the defendant has failed to respond within the time frame specified by the court. Therefore, I am seeking a default judgment in my favor based on their failure to appear or defend themselves in this matter. The supporting affidavit is attached to this letter and includes a detailed account of the events leading to this lawsuit, as well as relevant documentary evidence, correspondence, and any other pertinent information necessary to support my case. I believe the evidence outlined in the affidavit clearly demonstrates the liability of the defendant and justifies the request for default judgment. I kindly request your assistance in processing this request and confirming the receipt of the necessary documents. If there are any additional fees or forms that need to be completed, please let me know so that I can promptly fulfill all requirements. If there are multiple types of Louisiana Sample Letters to Clerk for filing a Request for Default Judgment with Supporting Affidavit, they could include: 1. Louisiana Sample Letter to Clerk for filing Request for Default Judgment — Breach of Contract: this type of letter can be used when the defendant has breached a contractual agreement, resulting in damages to the plaintiff. 2. Louisiana Sample Letter to Clerk for filing Request for Default Judgment — Personal Injury: this type of letter can be used when the defendant's negligent actions have caused physical or emotional harm to the plaintiff. 3. Louisiana Sample Letter to Clerk for filing Request for Default Judgment — Landlord-Tenant: this type of letter can be used when the defendant, as a landlord or tenant, has violated lease terms or failed to fulfill their obligations, leading to legal action by the plaintiff. Thank you for your attention to this matter. Please do not hesitate to contact me if there are any further documents or information required. I appreciate your prompt assistance in processing this request. Sincerely, [Your Name]
Louisiana Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit
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How to fill out Louisiana Sample Letter To Clerk For Filing Request For Default Judgment With Supporting Affidavit?
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Art. 2782. A creditor wishing to have a judgment of a Louisiana court made executory, as provided in Article 2781, may file an ex parte petition complying with Article 891, with a certified copy of the judgment annexed, praying that the judgment be made executory.
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.
The default process has been streamlined, but there are new notice requirements to keep in mind. There are no longer preliminary defaults and the new law requires written notice of plaintiff's intent to secure a default at least seven days prior to a default judgment in some cases unless notice is waived.
(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 ...
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.
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.
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.
The plaintiff shall submit to the court the proof required by law and the original and not less than one copy of the proposed default judgment. The judge shall, within seventy-two hours of receipt of such submission from the clerk of court, sign the proposed default judgment or direct that a hearing be held.
