[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] Honorable [Judge's Full Name] [Judge's Designation] [Name of Court] [Court's Address] [City, State, ZIP] Re: Default Judgment in the Case of [Case Name/Number] Dear Judge [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing to submit a Default Judgment in the aforementioned case. As per the rules and regulations set forth by the Mississippi State Code of Civil Procedure, I hereby request that you consider this letter, along with its attachments, as a formal submission of the Default Judgment. 1. Introduction: This submission aims to provide a comprehensive understanding of the Default Judgment, its background, and the reasons supporting its issuance. The central objective is to assist the court in making an informed decision regarding the case. 2. Case Summary: Provide a concise summary of the case, including the parties involved, nature of the dispute, relevant dates, and pertinent legal matters. Ensure that the summary highlights the non-appearance or non-response of the defending party, establishing the grounds for issuing a Default Judgment. 3. Legal Analysis: Demonstrate a thorough examination of the applicable laws, regulations, and rules governing the issuance of a Default Judgment in Mississippi. Cite specific sections or statutes from the Mississippi State Code of Civil Procedure that support the request for a Default Judgment. Include any relevant case law that reinforces the necessity of the Default Judgment. 4. Supporting Documentation: Attach all necessary supporting documents, such as the Complaint, Summons, Affidavit of Service, and any other documents that serve as evidence of the defending party's failure to respond or appear, thus justifying the Default Judgment. Organize the documents in a logical order, labeling them appropriately for easy reference. 5. Relief Sought: Clearly state the relief sought through the Default Judgment. This section should include the specific remedies requested, such as monetary compensation, injunctive relief, or any other appropriate resolutions based on the facts of the case. Be sure to align the requested relief with the applicable laws and regulations in Mississippi. 6. Conclusion: Express gratitude to the court for considering the Default Judgment submission. Close the letter by providing contact information for any further questions or clarifications required. Thank you for your prompt attention to this matter. I am confident that the supporting evidence and legal analysis presented in this submission will demonstrate the necessity of granting the Default Judgment in accordance with Mississippi laws and regulations. Yours faithfully, [Your Name]
Mississippi Sample Letter to Judge submitting Default Judgment
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Rule 55 - Default (a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter his default. (b) Judgment.
A default is a failure to perform a duty in legal proceedings. A default judgment is binding, and the defaulting defendant may not litigate his case or present any evidence. A civil action default judgment will grant the amount of relief sought in a plaintiff's complaint.
A defendant shall serve his answer within thirty days after the service of the summons and complaint upon him or within such time as is directed pursuant to Rule 4. A party served with a pleading stating a cross-claim against him shall serve an answer thereto within thirty days after the service upon him.
The summons and a copy of the complaint must then be served on each defendant. This rule provides for personal service, residence service, first-class mail and acknowledgement service, certified mail service, and publication service.
Rule 81 requires use of a special summons which commands that the defendant appear and defend at a specific time and place set by order of the court and informs him or her that no answer is necessary.
Once a default judgment has been entered, a creditor can then use it to seek to garnish your wages and other property. In Mississippi, a default judgment acts as a lien against property you have in any county where the judgment has been properly entered.
Discussing the discovery rule, the court held that causes of action accrue upon the discovery of the injury, not the discovery of the injury and its cause.
