[Your Name] [Your Address] [City, State, ZIP] [Date] [Clerk's Name] [Nebraska State Court] [Address] [City, State, ZIP] Subject: Request for Default Judgment with Supporting Affidavit Dear [Clerk's Name], I am writing to formally request the filing of a Default Judgment with Supporting Affidavit in the case of [Case Number]. I am the plaintiff in this case and would like to proceed with obtaining a default judgment against the defendant as they have failed to respond within the required time frame. I have attached the following supporting documents for your review and inclusion in the court file: 1. Affidavit of Service: This affidavit confirms that the defendant was properly served with the initial complaint and summons, as required by the Nebraska Rules of Civil Procedure. 2. Affidavit in Support of Default Judgment: This affidavit outlines the grounds for default judgment, citing the defendant's failure to answer or otherwise respond to the lawsuit within the allowed time period. 3. Certificate of Mailing: This document serves as proof that copies of the Motion for Default Judgment, Affidavit of Service, and Affidavit in Support of Default Judgment were sent to the defendant via certified mail, return receipt requested. 3. Proposed Default Judgment Order: Enclosed, please find a proposed defaulted judgment order for the court's consideration. This order requests the court to enter a judgment in favor of the plaintiff due to the defendant's failure to respond. I kindly request that you review these documents, ensure they comply with the applicable court rules, and include them in the official court record. In addition, please provide a conformed copy of the filed documents for my records. Should you require any additional information or documents, please do not hesitate to contact me at [Your Phone Number] or [Your Email Address]. I would be happy to provide any further assistance necessary to move this case forward. Thank you for your attention to this matter. I trust that, upon review, you will find the documents in order and proceed with the filing of the requested Default Judgment with Supporting Affidavit. Sincerely, [Your Name]
Nebraska Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit
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How to fill out Nebraska Sample Letter To Clerk For Filing Request For Default Judgment With Supporting Affidavit?
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FAQ
The default final judgment is obtained by delivering to the Court a Motion for Default Final judgment-Residential Eviction (Form 78) and/or a Motion for Default Final judgment - Damages (Residential Eviction) (Form 79) with an Affidavit of Damages (Form 80).
The judge enters a default judgment in favor of the plaintiff in cases where the defendant receives a copy of the plaintiff´s claim form but fails to show up in court at the time set for trial.
If you know where the party banks, garnishing the bank account is one of the easier methods of collecting your judgment. The Small Claims Court clerk has the forms you need to file a garnishment. It costs $5.00 to file a garnishment or execution and you must wait 30 days after the judgment is rendered.
An appellant must file his or her notice of appeal and deposit with the clerk of the district court the docket fee required by section 33-103 within 30 days of the entry of the order from which the appeal is taken.
County courts conduct preliminary hearings in felony criminal cases. The county courts have concurrent jurisdiction with the district courts in some divorce cases and other civil cases involving $57,000 or less.
The court is not responsible for collecting the judgment. If the judgment debtor (the losing party) does not voluntarily pay the judgment to the judgment creditor (the winning party), the judgment creditor may attempt to collect the judgment through an additional court process.
Court personnel are not permitted to discuss the merits of your case with you and are prohibited from giving you legal advice about your case. Judgments in small claims court may not exceed $3,900.
If a default judgment is entered against you, you can file a Motion to Set Aside, Modify or Vacate that judgment (CC ) with the county court instead of filing an appeal. The motion must be filed within 30 days after the entry of judgment.
