Subject: Maine Sample Letter to Clerk for Filing Request for Default Judgment with Supporting Affidavit Dear [Clerk's Name], I hope this letter finds you well. I am writing to file a request for default judgment in the case [Case Name/Number], which is currently pending before the [Court Name]. I have attached the supporting affidavit and relevant documents for your reference. As per the Maine Rules of Civil Procedure Rule 55, when a party against whom a judgment for affirmative relief is sought fails to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the court may enter a default judgment granting the relief sought by the plaintiff. In this case, the defendant has failed to respond or defend themselves within the required timeframe, and I request a default judgment be entered accordingly. Enclosed, you will find the following documents: 1. Affidavit of Non-Response: This affidavit attests to the defendant's failure to respond, either by filing an answer or any other defense, within the stipulated time frame. It outlines the dates of service, the method of service, and provides evidence of the defendant's failure to take any action in this matter. 2. Summons and Complaint: Attached are copies of the summons and complaint served on the defendant, demonstrating that they were appropriately served within the required legal guidelines and time frames. 3. Certificate of Service: This document confirms that copies of the summons, complaint, and any subsequent communications were properly served to the defendant. 4. Supporting Evidence: Please find enclosed any supporting evidence or exhibits that substantiate the plaintiff's claims made in the complaint. These documents include [list the supporting evidence briefly]. 5. Proposed Default Judgment: I have also included a proposed default judgment for your consideration. Please review it to ensure its compliance with the court's requirements and make any necessary adjustments. I kindly request that you review the enclosed documents, supporting affidavit, and proposed default judgment. If any additional information or documentation is needed, please do not hesitate to contact me at [your contact information]. Lastly, I would appreciate your guidance on the next steps in this process, including any applicable fees, timelines, and what actions I need to take to finalize the default judgment. Thank you for your attention to this matter. I look forward to your prompt response and cooperation. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address]
Maine Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit
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FAQ
Rule 80K(i) provides that the standard of proof in land use violation proceedings shall be proof by a preponderance of the evidence, the usual standard in civil actions.
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.
At the trial management conference, the parties shall be prepared and authorized to discuss settlement in good faith.
The justice or judge before whom an action has been tried may on motion grant a new trial to all or any of the parties and on all or part of the issues for any of the reasons for which new trials have heretofore been granted in actions at law or in suits in equity in the courts of this state.
Small claims court provides a speedy and inexpensive way to resolve disputes when the plaintiff's claim is $6,000 or less. Cases are heard and decided in Maine District Court by a judge without a jury.
If you have been served with court papers in a divorce or parental rights and responsibilities case, you may file a written response (called an "answer") within 21 days of when you received the papers. Your answer or response may include a ?counterclaim? (a claim against the plaintiff).
