Subject: Montana Sample Letter to Judge Submitting Default Judgment Dear Honorable [Judge's Name], I hope this letter finds you in good health and high spirits. I am writing to submit a Default Judgment in the case referenced [Case Number] between [Plaintiff's Name] and [Defendant's Name]. By this communication, I aim to provide a comprehensive overview of the situation and present the relevant details. [Optional: Begin by expressing gratitude for the court's time and attention in handling the case efficiently thus far.] 1. Introduction: The purpose of this letter is to request the consideration of a Default Judgment in favor of the plaintiff, [Plaintiff's Name], regarding the case mentioned above. Despite proper notification and adherence to proper legal procedures, the defendant, [Defendant's Name], has failed to respond or actively participate in the litigation process within the legally specified timeframe. 2. Chronological Overview: [Provide a concise timeline highlighting the key events and actions taken throughout the legal process. This should include filing dates, service of documents, and specific deadlines.] 3. Service of Process: [Explain in detail how the defendant was properly served with the summons and complaint, including the method, date, time, and the individual responsible for the service.] 4. Defendant's Failure to Respond: [Elaborate on the defendant's non-compliance with court procedures, their failure to file a response or defense, or any other actions that constitute a default according to Montana law.] 5. Legal Basis for Default Judgment: [Summarize the applicable legal provisions under Montana law that empower the court to grant a Default Judgment based on the defendant's lack of response or participation. Cite relevant code sections or court rules.] 6. Relief Sought: [Clearly state the specific relief sought by the plaintiff, i.e., the desired outcome of the Default Judgment. This may include the amount of monetary damages sought, the granting of an injunction, or any other relevant remedies.] 7. Supporting Documents: [Attach any supporting documentation or exhibits necessary to substantiate the plaintiff's claim and demonstrate the defendant's failure to respond accordingly. Examples may include proof of service, copies of prior correspondence, and relevant statutes.] [Optional: Concluding Paragraph] [Thank the court for taking the time to review the Default Judgment request and express confidence in the court's decision-making process.] Sincerely, [Your Name] [Your Title/Profession (if applicable)] [Your Contact Information]
Montana Sample Letter to Judge submitting Default Judgment
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FAQ
The judgment may be executed against a savings or checking account, personal property (not a necessity of life), wages, vehicles, or any other assets of the judgment debtor. Praecipe - The winning party may ask the sheriff or a process server to serve papers on the other party.
Usually by the third missed payment the lender will enter a notice of default. Also, the lender will charge you for costs to prepare the legal papers. So now you have legal fees, late fees, and your late payments to pay. Next, the mortgage lender will publish a notice of foreclosure, called a Notice of Trustee's Sale.
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.
Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party. Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law.
Your letter should be well-organized and specific to your situation. It should demonstrate your genuine commitment to being a good co-parent, make a thoughtful argument in favor of your custody arrangement and show that you prioritize your child's best interests.
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.
If the Defendant does not file a proper written answer within 20 days, Plaintiff is entitled to a Default Judgment. It is the Plaintiff's responsibility to file a written motion for a Default Judgment and attach an Affidavit of Amount Due. A judgment fee is not required for a Default Judgment.
How long does a judgment lien last in Montana? A judgment lien in Montana will remain attached to the debtor's property (even if the property changes hands) for ten years.
