[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] Clerk of Court [County Name] County Court [County Address] [City, State, ZIP] Re: Request for Default Judgment with Supporting Affidavit — Case No. [Case Number] Dear Clerk of Court, I am writing to request the filing of a Default Judgment with Supporting Affidavit in the above-mentioned case. Please find all the necessary documents enclosed with this letter to facilitate the process. Case Details: Case Number: [Case Number] Plaintiff: [Plaintiff Name] Defendant: [Defendant Name] Filing Date: [Filing Date] Default Judgment is being sought in this case as the defendant failed to respond to the complaint or present any defense within the stipulated time frame as per the rules of civil procedure. The plaintiff filed a complaint on [Complaint Filing Date], and the defendant was duly served with the complaint on [Service Date], but has failed to file a responsive pleading or provide any communication regarding this matter. Attached to this letter, you will find the following documents providing evidence and support for the default judgment request: 1. Request for Default Judgment: This document formally requests the court to enter a default judgment in favor of the plaintiff due to the defendant's failure to respond to the complaint. 2. Supporting Affidavit: This affidavit outlines the relevant details of the case, including the plaintiff's efforts to serve the defendant with the complaint, the defendant's lack of response, and any additional pertinent information regarding the claim. 3. Certificate of Service: This document verifies that a copy of the request for default judgment and supporting affidavit have been served to the defendant in compliance with the rules of civil procedure. It is my belief that the evidence provided in the supporting affidavit, coupled with the defendant's lack of response, clearly justifies the entry of a default judgment in favor of the plaintiff. I kindly request that you review the enclosed documents thoroughly, file them appropriately, and take the necessary steps to proceed with the default judgment process. Should you require any further information or documentation, please do not hesitate to contact me at [Phone Number] or [Email Address]. I appreciate your attention to this matter and look forward to receiving the court's decision on the default judgment request. Thank you for your prompt assistance. Sincerely, [Your Name]
South Carolina Sample Letter to Clerk for filing Request for Default Judgment with Supporting Affidavit
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How to fill out South Carolina Sample Letter To Clerk For Filing Request For Default Judgment With Supporting Affidavit?
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FAQ
If the plaintiff's claim is for a sum certain or a sum that can be made certain by computation, the clerk?on the plaintiff's request, with an affidavit showing the amount due?must enter judgment for that amount and costs against a defendant who has been defaulted for not appearing and who is neither a minor nor an ...
How Do I Hold Someone in Contempt for Violating a Family Court Order? If the contempt is constructive, then you must file a Rule to Show Cause (?RTSC?) and serve it on the other party. At the RTSC hearing, the filing party presents their evidence as to the other person's alleged violation of the order.
If the defendant ignores the complaint or otherwise fails to answer it on time, the plaintiff can move for entry of default under Rule 55 of the South Carolina Rules of Civil Procedure. Default means the plaintiff wins the substance of the lawsuit, and therefore prevails on his or her claims by operation of law.
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.
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.
After a default judgment, the Plaintiff will try to collect the money you owe. The Plaintiff may be able to take money from your paycheck or bank account and put a lien on your property. If you don't have any assets to pay the debt, you can let the Plaintiff. They may give up or try to collect in the future.
To have the default judgment set aside the defendant must show the court that: ????there is a good reason why they did not file a defence within 28 days. they have a bona fide (genuine) defence. they applied to set aside default judgment as soon as they became aware of it.
Deferment or Forbearance A good first step is to contact your lender as soon as you realize that you may have trouble keeping up with your payments. The lender may be able to work with you on a more attainable repayment plan or help you obtain deferment or forbearance on your loan payments.
