[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] Clerk of the Court [Name of the Court] [Address of the Court] [City, State, ZIP] Subject: Request for Default Judgment with Supporting Affidavit Dear Clerk of the Court, I hope this letter finds you in good health. I am writing to request a default judgment in the case of [Case Name/Number] in accordance with the rules and procedures outlined in the Missouri Code of Civil Procedure. I have also provided a supporting affidavit that clarifies and substantiates the reasons for this request. [Optional: Provide a brief summary of the background and nature of the case.] I have made every effort to diligently pursue the resolution of this case by serving the defendant(s) with the necessary legal documents, including the initial complaint and subsequent notices. However, despite repeated attempts, the defendant(s) have failed to respond or appear before the court within the designated timeframe. In support of my request for default judgment, I have attached a completed Affidavit of Default Judgment along with this letter. It includes detailed information regarding the circumstances leading to the default, the service of legal documents, and any applicable expenses incurred during the legal process. The Affidavit of Default Judgment comprises the following sections: 1. Case Information: — Case Name/Number: [State the case name and number] — Plaintiff(s): [Provide the names of the plaintiff(s)] — Defendant(s): [Specify the name(s) of the defendant(s)] 2. Background and Service of Documents: — A summary of the case's background and the efforts made to serve the defendant(s) with necessary legal documents, such as the complaint, summons, or court orders. 3. Failure to Respond: — Details regarding the defendant(s)' failure to respond within the time frame prescribed by the Missouri Code of Civil Procedure. 4. Supporting Evidence: — Any relevant documents, records, or evidence that supports the plaintiff's claim and demonstrates the defendant(s)' lack of response. 5. Costs Incurred: — An itemized list of any expenses incurred as a result of pursuing this legal action, such as filing fees, service fees, and other related costs. I kindly request the court to review the aforementioned documents and consider granting a default judgment in favor of the plaintiff(s) based on the evidence provided. If necessary, I am ready and willing to provide any additional information or attend a hearing to further support my case. Please inform me of any further steps, requirements, or documentation needed to facilitate the processing of this request. I would appreciate receiving a notification once a decision has been reached in this matter. Thank you for your prompt attention to this request. Your assistance in ensuring a fair and just resolution of this case is sincerely appreciated. Yours faithfully, [Your Name]
Missouri Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit
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How to fill out Missouri 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] the judgment is void.? A judgment is void if the trial court that rendered the judgment lacked jurisdiction to do so. The party moving to set aside the default judgment has the burden to prove that the request can be granted.
If the matter does not qualify for entry of default by the clerk, the party must apply to the court for a default judgment. A default judgment may be entered against a minor or incompetent person only if represented by a general guardian, conservator, or other like fiduciary who has appeared.
The court must set aside a default judgment if you: have paid the whole amount owed (including any interest and costs) before the date the creditor entered judgment; sent back the acknowledgment of service form within the time limit; put in a defence within the time limit; or.
Rule 74.05 - Entry of Default Judgment (a) Entry of Default Judgment. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, upon proof of damages or entitlement to other relief, a judgment may be entered against the defaulting party.
? A default judgment may be entered in favor of a party filing a claim upon appearance by such party in person or by attorney upon written oath made by such party or upon such evidence as may be determined by the judge when the opposing party has been duly and timely served with summons and does not appear in court on ...
In Missouri, a procedure called ?discovery in aid of execution? can make collecting on a judgment easier. Collecting on a Judgment. ... Interrogatories. ... Request for Documents. ... Subpoenas. ... Deposition. ... Examination in Court Under Oath. ... Enforcement. ... Take Away.
There are several ways to collect your judgment. You may be able to get the losing party to pay you voluntarily either all at one time or in installments. If he/she will not pay you voluntarily, you may start collection proceedings on forms provided by the Clerk of the Small Claims Court.
