[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Name of Clerk] [Name of the Court] [Address of the Court] [City, State, ZIP Code] Re: Request for Default Judgment with Supporting Affidavit Dear [Name of Clerk], I am writing to formally request the filing of a Default Judgment with Supporting Affidavit in the case of [Case Name], docket number [Insert Docket Number], currently pending before the [Name of the Court]. As the plaintiff in this case, I believe that the defendant, [Defendant's Name], has failed to respond to the summons and complaint within the legally mandated timeframe, thus warranting a default judgment in my favor. To support my request, I have attached the following documents for your review and inclusion in the court record: 1. Affidavit of Service: This document serves as proof of proper service of process upon the defendant. It outlines the details of when and how the defendant was served with the summons and complaint, in accordance with the requirements set forth by Michigan law. 2. Affidavit in Support of Default Judgment: In this affidavit, I outline the relevant facts of the case and provide legal arguments supporting my claim for default judgment. This includes a thorough explanation of the defendant's failure to answer or appear in court, as well as any damages or relief sought in the original complaint. 3. Supporting Exhibits: I have enclosed the necessary exhibits to support my claim, including any relevant contracts, invoices, photographs, or other evidence that substantiates the claims made in the original complaint. These exhibits are referenced and discussed in detail within the Affidavit in Support of Default Judgment. I kindly request that you review the attached documents for accuracy and completeness. If any additional information or corrections are needed, please notify me promptly so that I may take appropriate action. Furthermore, I respectfully request that the court schedule a hearing for the purpose of obtaining the default judgment. I am available on [provide your available dates and times] for the convenience of the court. If necessary, I am prepared to present additional evidence and arguments during the hearing to support my claim. Thank you for your attention to this matter. I trust that you will handle this request diligently and in accordance with the applicable laws and court procedures. Should you have any questions or require any further information, please do not hesitate to contact me at [Your Phone Number] or [Your Email Address]. Sincerely, [Your Name]
Michigan Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit
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How to fill out Sample Letter To Clerk For Filing Request For Default Judgment With Supporting Affidavit?
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On written request of the plaintiff verified under MCR 1.109(D)(3) as to the amount due, the clerk may sign and enter a default judgment for that amount and costs against the defendant, if (a) the plaintiff's claim against a defendant is for a sum certain or for a sum that can by computation be made certain; (b) the ...
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.
A court may enter default, and ultimately default judgment, against a party that fails to plead or otherwise defend against a claim for affirmative relief that has been asserted against that party. MCR 2.603.
At any time before a court decision is made, an Order of Seizure can be issued to collect personal property which may have been wrongly taken or withheld from the person entitled to it. Orders of Seizure are temporary.
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.
Filing a Request to Seize Property Form MC 19, Request and Order to Seize Property, is used to start the process. Complete the Request portion of form MC 19 and file it with the court. The filing fee varies. The court will issue the order by signing the form, and it will be executed by a sheriff or court officer.
How to File a Motion and Affidavit to Set Aside a Default or Default Judgment Step 1: Prepare your forms and find out how you will file. ... Step 2: Sign your Motion and have it notarized. ... Step 3: Make copies. ... Step 4: File your Motion and pay the filing fee. ... Step 5: Serve your Motion. ... Step 6: Prepare for your hearing.
If you don't file a response to divorce papers, your spouse can request a default. This means asking the court to decide the case without your input. In a default divorce, the court makes the final decisions based on the information from your spouse, and what the law says, without hearing your side.
Divorce without Minor Children - Default Judgment Step 1: Prepare your forms and find out how you will file. ... Step 2: Get your court fees waived (if you qualify) ... Step 3: Sign your forms. Step 4: Make copies. ... Step 5: File your forms with filing fee. ... Step 6: Have your spouse served with the divorce papers.
Claim and delivery is a civil action to recover (1) possession of goods or chattels which have been unlawfully taken or unlawfully detained, and (2) damages sustained by the unlawful taking or unlawful detention.
