Dear Clerk, I hope this letter finds you well. I am writing to file a Request for Default Judgment with a Supporting Affidavit in the state of Montana. Enclosed are the necessary documents and exhibits required for this filing. As per Montana law, when a defendant fails to respond to a plaintiff's complaint within the stipulated time frame, the plaintiff is entitled to request a default judgment. The purpose of this letter is to formally request the court to enter a default judgment in favor of the plaintiff due to the defendant's failure to respond. The supporting affidavit accompanying this request outlines the details of the case, including the relevant facts, timelines, and evidence. The affidavit substantiates our claim and proves that the defendant is in default. I would appreciate it if you could review the enclosed documents, including the complaint originally filed, the summons served to the defendant, and the proof of service certifying the defendant's failure to respond within the specified time frame. Additionally, I have attached any other relevant exhibits and documents necessary to support our claim. In compliance with Montana court regulations, I have completed the necessary forms, including the Request for Default Judgment and Affidavit of Default, and have made sure they are properly signed and notarized. Please find them enclosed along with this letter. If there are any additional forms or fees required to process this request, please let me know, and I will promptly provide the necessary information or payment. I kindly request that you file this Request for Default Judgment with the supporting affidavit and acknowledge its receipt. Additionally, please inform me of any further steps or actions required from my end to move this case forward. Thank you for your attention to this matter. I appreciate your assistance in processing this request for default judgment in accordance with Montana law. If you require further information or have any questions, please do not hesitate to contact me at the provided contact details. Sincerely, [Your Name] [Your Address] [City, State, ZIP] [Phone Number] [Email Address] Keywords: Montana, default judgment, supporting affidavit, Request for Default Judgment, Clerk, filing, form, complaint, summons, proof of service, court regulations.
Montana Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit
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How to fill out Montana Sample Letter To Clerk For Filing Request For Default Judgment With Supporting Affidavit?
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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.
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.
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.
(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.
1) In writing by filing a Motion or responding to a Motion; or 2) In person at a hearing scheduled by the Judge, with both sides present.
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.
