[Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] The Honorable [Judge's Full Name] [Judge's Designation] [Name of the Court] [Court's Address] [City, State, Zip Code] RE: Default Judgment Submission Case No: [Case Number] Plaintiff: [Plaintiff's Name] Defendant: [Defendant's Name] Dear Judge [Judge's Last Name], I am writing to respectfully submit this letter requesting default judgment for the above-mentioned case. I represent the plaintiff, [Plaintiff's Name], in this matter. Despite having been duly served with the summons and complaint on [Date of Service], the defendant, [Defendant's Name], has failed to respond or make an appearance within the prescribed timeframe as stipulated by the court rules. The defendant's lack of response not only indicates their disregard for the legal process but also their inability or unwillingness to defend against the claims put forth by the plaintiff. A default judgment is therefore deemed appropriate and necessary under the circumstances. Pursuant to Oklahoma Statutes, Title 12, Section 2013, and the local rules of this court, I hereby request that you enter a default judgment in favor of the plaintiff. The plaintiff seeks the following relief: 1. [Specify the relief sought, including any monetary damages, injunctions, or other requested remedies.] The plaintiff has provided extensive documentation and evidence to substantiate their claims and establish liability on the part of the defendant. Attached to this letter, for your perusal, are the following supporting documents: 1. Exhibit A: [Briefly describe the content of Exhibit A, e.g., Contract Discrepancy Evidence] 2. Exhibit B: [Briefly describe the content of Exhibit B, e.g., Email Communication Correspondence] 3. Exhibit C: [Briefly describe the content of Exhibit C, e.g., Financial Records] Additionally, a copy of the summons, complaint, and proof of service are enclosed herewith, along with a certificate of default issued by the Clerk of Court, certifying the defendant's failure to respond. [Specify if additional documents are attached.] The plaintiff seeks a prompt resolution to this matter and respectfully requests that you review the provided evidence and consider entering a default judgment accordingly. We believe that a default judgment is not only fair and just but also the appropriate course of action given the defendant's continued noncompliance. Should your Honor have any questions or require further information regarding this case or the request for default judgment, please do not hesitate to contact me at the contact details provided above. Thank you for your attention to this matter. We trust in the court's commitment to uphold justice and look forward to a favorable resolution. Sincerely, [Your Full Name] [Your Title/Designation] [Law Firm Name, if applicable] [Enclosures: (List all the enclosed documents, if any)]
Oklahoma Sample Letter to Judge submitting Default Judgment
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How to fill out Oklahoma Sample Letter To Judge Submitting Default Judgment?
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FAQ
A defendant must file a motion to set aside the judgment and then appeal from the court's ruling on that motion.
Missouri Rule Governing Summary Judgements Summary judgments in Missouri are governed by Rule 74.04, which contains strict requirements for establishing the uncontroverted material facts which may support a summary judgment.
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.
Rule 74.03 requires service of a notice of the entry of an order or judgment by mail, in the manner described in Rule 43.01, upon each party who was not present in court in person or by attorney at the time of the entry of the order or judgment. Rule 74.03.
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. The failure to take action is the default. The default judgment is the relief requested in the party's original petition.
Once a plaintiff has obtained a default judgment against a defendant, they can use it to collect a debt or damages in several ways. Collection efforts may include wage garnishments, property liens, seizure of assets held in bank accounts, and more.
74.05. (a) Entry of Default Judgment. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, upon proof of damages or entitlement to other relief, a judgment may be entered against the defaulting party.
The motion must include an affidavit of the party in default (i) stating facts showing that the party in default has a good defense to the allegations in the pleading, and (ii) showing ?good cause? as to why the party in default failed to appear in court or to file an answer to the pleading.
