[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Recipient's Name] Clerk of Court [County Name] [Address] [City, State, ZIP Code] Re: Request for Default Judgment with Supporting Affidavit Case Name: [Plaintiff's Name] vs [Defendant's Name] Case Number: [Case Number] Dear Clerk of Court, I hope this letter finds you well. I am writing to request the filing of a Default Judgment with Supporting Affidavit in the above-mentioned case. I, [Your Full Name], the plaintiff, initiated the lawsuit against the defendant, [Defendant's Full Name], in accordance with the laws of the State of North Carolina. The lawsuit was filed on [Date] and served to the defendant on [Date]. Despite being properly served with the lawsuit and the time allowed for a response having expired, the defendant has failed to appear or file a response within the required timeframe. As a result, I am seeking a Default Judgment to be entered by the court. The purpose of this letter is to submit to the court the required documentation and supporting affidavit in accordance with the rules of civil procedure in North Carolina. Enclosed and attached to this letter, you will find the following: 1. Affidavit in Support of Request for Default Judgment: This affidavit details the facts of the case, the defendant's failure to respond within the required timeframe, and the damages and relief sought by the plaintiff. 2. Proposed Default Judgment: This document outlines the relief sought by the plaintiff, including any monetary damages, injunctions, or other specific requests. 3. Certificate of Service: This document certifies that a true and correct copy of this letter, along with the enclosed documents, was served to the defendant as required by law. I kindly request that you review and file the enclosed documents, and proceed with processing the Default Judgment. Additionally, I would appreciate if you could provide me with a copy of the filed documents with the corresponding date stamp, as well as any additional instructions or forms required by the court. I would like to thank you and your staff for your assistance throughout this process. Should you require any further information or have any questions regarding this submission, please do not hesitate to contact me via the provided contact information. Thank you for your prompt attention to this matter. Sincerely, [Your Full Name]
North Carolina Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit
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How to fill out North Carolina Sample Letter To Clerk For Filing Request For Default Judgment With Supporting Affidavit?
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Enforcing Your Civil Judgement In North Carolina Step 1: Remember that Judgment Debtors Have Legally-Protected Rights. ... Step 2: File A Writ of Execution. ... Step 3: Observe the Legal Time Limits. ... Step 4: Analyze Risk before Litigating.
Entry of Default ? First, the plaintiff must file a Motion for Entry of Default and show the court that the opposing party has ?failed to plead or is otherwise subject to default judgment as provided by [the Rules of Civil Procedure] or by statute.? Rule 55(a).
You are judgment proof if all of the property you own fits within the North Carolina exemptions. These exemptions apply to everyone in North Carolina, whether they have filed a bankruptcy case or not.
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.
The first step in obtaining default judgment is the entry of default. plead or is otherwise subject to default judgment as provided by these rules or by statute.? Rule 55(a). trial judge, however, ?has concurrent jurisdiction and can order entry of default.? Ruiz v. Mecklenburg Utils, Inc., 189 N.C. App.
NORTH CAROLINA A judgment is a lien on real property for ten years from the entry date. N.C. Gen. Stat.
