Dear Clerk, Subject: Request for Default Judgment with Supporting Affidavit — Case Number: [Insert Case Number] I am writing to file a request for default judgment in the above-mentioned case. I have provided a detailed description of the situation below, along with the necessary supporting documents and affidavit. Case Background: [Provide a brief overview of the case, including the parties involved, important dates, and the nature of the dispute.] Default of Defendant: [Explain that despite being properly served with the summons and complaint, the defendant has failed to respond or participate in the case. Mention the relevant deadlines and the defendant's failure to adhere to them.] Grounds for Default Judgment: [State the legal basis for seeking default judgment, such as the defendant's failure to appear, answer, or otherwise defend the case. Cite the relevant Minnesota statutes or court rules supporting your request.] Supporting Affidavit: [Attach an affidavit attesting to the facts regarding the defendant's default and supporting your request for default judgment. Ensure that the affidavit is properly notarized.] Documents Attached: [Provide a list of all documents attached to the request, such as the filed summons and complaint, proof of service, any correspondence with the defendant, and any other relevant evidence.] Request for Relief: [Specify the relief sought, such as a default judgment for a specific amount of damages, specific performance, or any other appropriate relief. Include any supporting calculations or legal arguments.] Conclusion: [Express gratitude for the court's attention and consideration of the request. Provide contact information for any further inquiries or clarifications.] Please find attached all the necessary documents to support this request. I kindly request that the court review this request promptly and issue a default judgment as deemed just and fair under the circumstances. Thank you for your attention to this matter. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address] Keywords: Minnesota, Sample Letter, Clerk, Request for Default Judgment, Supporting Affidavit, Case Number, Default of Defendant, Grounds for Default Judgment, Supporting Documents, Affidavit, Documents Attached, Request for Relief.
Minnesota Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit
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How to fill out Minnesota Sample Letter To Clerk For Filing Request For Default Judgment With Supporting Affidavit?
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FAQ
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.
If you're sued, you can choose to do nothing. This means that you do not file any response by the deadline. The Plaintiff then can ask the judge to decide the case without your input. This is called a default or a default judgment. Get help if you have a default but didn't want one.
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.
Rule 520(a) establishes a 20-day time period for obtaining an order to vacate a default judgment order or order for judgment of dismissal. The 20 days is measured from the mailing of the notice of judgment, and the law requires that an additional three days be added to the time period when notice is served by mail.
(a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.
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.
A motion for default judgment is a request asking the court to provide a default judgment when the defendant has not responded to a complaint within the court-allotted time-frame.
