[Your Name] [Your Address] [City, State, ZIP Code] [Date] [Recipient's Name] [Recipient's Designation] [Name of the Court] [Court Address] [City, State, ZIP Code] Re: Default Judgment Filing — [Case Name], Case No. [Case Number] Dear [Recipient's Name], I am writing to request the filing of a Default Judgment that has been signed by the presiding Judge in the case of [Case Name], Case No. [Case Number]. As Clerk of [Name of the Court], it is requested that you kindly process the filing and take the necessary actions to enforce the judgment. I have enclosed a copy of the Default Judgment, duly signed by the Judge, along with the necessary supporting documentation as required by the court rules. The case has reached a stage where the defendant, despite being duly served with the summons and complaint, has failed to respond to the legal proceedings within the timeframe stipulated by the court. The entry of Default Judgment is crucial in ensuring that the rights and interests of all parties involved are protected and that justice is served upon a party who has failed to participate in the litigation process. Please find the following documents enclosed with this letter: 1. Default Judgment: This document contains the court's decision based on the plaintiff's allegations and supporting evidence, declaring the defendant to be in default. 2. Affidavit of Service: The affidavit attests to the fact that the defendant was properly served with the summons and complaint as required by the court rules. 3. Certificate of Non-Military Service: This certificate confirms that the defendant is not on active military duty and is thereby subject to the jurisdiction of this court. 4. Any other supporting documents required by the court rules for filing a Default Judgment. I kindly request you to process the filing without any delay and inform me of the date on which the Default Judgment is entered on the court record. Additionally, please provide information regarding any further steps or actions required from my end to proceed with the enforcement of the judgment. Thank you for your attention to this matter. Should you require any additional information or documents, please feel free to contact me at [Your Phone Number] or [Your Email Address]. Your prompt response is greatly appreciated. Yours sincerely, [Your Name] [Your Designation, if applicable] [Your Contact Information]
Massachusetts Sample Letter to Clerk for filing Default Judgment Signed by Judge
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FAQ
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.
It merely distinguishes those situations where the clerk may enter judgment by default from those where court action is required. Rule 55(c) allows the court to set aside the entry of default for "good cause"; and may, for any of the grounds set forth in Rule 60(b), set aside a judgment by default.
A Clerk Default Judgment may be obtained in an. action arising from a contract for the recovery of. money or damages where the relief sought is fixed. The judgment may be entered immediately following. the entry of default.
Typically, the default process begins when the defendant has not responded to a properly served summons and complaint. When this happens, a defendant is ?in default,? and the plaintiff can take the first step to obtain an entry of default against the defendant. (See Cal. Rules of Court, rule 3.110.)
An entry of default is the first step to obtaining a default judgment against a party, and allows you to proceed in the action without further notice or input from the opposing party. An entry of default can come in two forms, an entry by the clerk or an entry by the judge.
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. Can be used to ask for a default alone, or also a default judgment. Get form CIV-100.
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.
There are two types of judgments; judgments that are discriminating, and judgments that are evaluative.
