Title: Filing Default Judgment in Pennsylvania: Sample Letter to Clerk Signed by Judge Introduction: In Pennsylvania, filing for a default judgment after the defendant has failed to respond to a lawsuit can be a necessary step to obtain a legal decision in your favor. This article aims to provide you with a comprehensive guide on drafting a sample letter to the clerk for filing a default judgment, signed by a judge. By following the correct procedures, you can ensure your application is accurately presented, increasing the likelihood of a successful outcome. Key Points to Include: 1. Heading and Contact Information: Begin by creating a professional letterhead featuring your name, address, phone number, and email address. This information allows the clerk to identify and communicate with you easily. 2. Clerk's Information: Include the name of the Clerk of Courts and the corresponding court's name and address. Accurate addressing is crucial for the letter to reach the appropriate recipient promptly. 3. Case Information: Clearly state the case number, the parties involved, and the court in which the case was filed. This information helps the clerk locate and identify your case swiftly. 4. Background of the Case: Provide a brief summary of the case, mentioning relevant facts, dates, and actions taken thus far. This section helps the clerk understand the context and the necessary steps that have been taken to proceed with a default judgment. 5. Affidavit of Service: Attach a copy of the properly completed affidavit of service, which verifies that the defendant has been served with the appropriate legal documents. This affidavit illustrates that all proper notifications have been made, and the defendant has failed to respond, essentially causing the need for a default judgment. 6. Certificate of Default: Include a copy of the certificate of default obtained from the court. This document confirms that the defendant has failed to respond within the required timeline, allowing you to proceed with filing for a default judgment. 7. Request for Default Judgment: Formally request the clerk to file the default judgment by including a clear and concise statement. It is essential to specify the type of relief sought, such as monetary compensation or specific actions required from the defendant. Types of Pennsylvania Sample Letters: 1. Pennsylvania Sample Letter to Clerk for Filing Default Judgment for a Civil Case: This letter is applicable for civil cases, highlighting the steps to file a default judgment when the defendant has failed to respond within the specified time frame. 2. Pennsylvania Sample Letter to Clerk for Filing Default Judgment for a Small Claims Case: This letter would be used specifically for small claims cases, providing guidance on how to file a default judgment when the defendant has not answered or appeared at the hearing. Conclusion: By utilizing this comprehensive sample letter to the clerk, signed by a judge, you can ensure the proper filing of a default judgment in Pennsylvania. Remember to follow the specified guidelines, organize all necessary documents accurately and clearly state your request for relief. This approach will maximize your chances of a successful outcome in your case.
Pennsylvania Sample Letter to Clerk for filing Default Judgment Signed by Judge
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How to fill out Pennsylvania Sample Letter To Clerk For Filing Default Judgment Signed By Judge?
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FAQ
You send this notice 10 days in advance when you intend to take judgment by default upon an opposing party due to that party's failure to file an answer or preliminary objections to the complaint within the required time frame.
Rule 236 governs the notice to be given by the prothonotary of the entry of an order or judgment.
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.
Default. File a praecipe for judgment, a dated copy of the 10 day notice, and a Pennsylvania Rule 236 form. If the debtor is an individual, you must file a notarized affidavit of nonmilitary service. File an original and a copy for each debtor with a Rule 236 form.
(A) An appeal to the Court of Common Pleas from an order of the Municipal Court granting or denying a petition to open a default judgment or any other post-judgment order which would have been appealable had it been entered by the Court of Common Pleas shall be filed within thirty (30) days from the date of entry of ...
Write the Salutation If you are addressing it to a member of the court staff, type "Dear Ms. Smith:" and include a colon after the person's name. If you are addressing the letter generally, type "Dear Clerk of Court:" and include a colon after the last word.
Code § 1037. Rule 1037 - Judgment Upon Default or Admission (a) If an action is not commenced by a complaint, the prothonotary, upon praecipe of the defendant, shall enter a rule upon the plaintiff to file a complaint.
You send this notice 10 days in advance when you intend to take judgment by default upon an opposing party due to that party's failure to file an answer or preliminary objections to the complaint within the required time frame.
