[Your Name] [Your Address] [City, State, ZIP Code] [Date] [Name of Clerk] [Name of Court] [Address] [City, State, ZIP Code] Subject: South Dakota Sample Letter to Clerk for Filing Default Judgment Signed by Judge Dear [Name of Clerk], I hope this letter finds you well. I am writing to request the necessary documentation and assistance in filing a default judgment that has been signed by a judge. The details of the case are as follows: Case Title: [Plaintiff(s) vs. Defendant(s)] Case Number: [Case Number] Judge: [Judge's Name] I have attached a copy of the default judgment order, duly signed by Judge [Judge's Name], which grants judgment in favor of the plaintiff(s). The judgment was entered on [Date] as a result of the defendant(s) failing to respond to the initial complaint within the prescribed timeframe. In accordance with the rules and procedures of the court, I kindly request the following actions to be taken: 1. Filing of Default Judgment: Please file the attached default judgment order within the court's records, ensuring it is properly stamped and filed in the appropriate case. 2. Notifying the Parties: Kindly inform the plaintiff(s) and the defendant(s) regarding the entry of this default judgment. Issue necessary notifications to both parties as required by court regulations. 3. Docketing and Updating the Case Information: Update the court's database and docket system to reflect the entry of the default judgment and any resulting changes to the case status. As this process may involve specific forms, fees, or additional documents required by the court, I kindly request your guidance on the correct procedure and any associated requirements. Additionally, please inform me of any applicable fees that need to be paid for the filing of the default judgment. Your prompt attention to this matter is greatly appreciated. Should you require any further information or documentation, please do not hesitate to contact me at [Your Phone Number] or [Your Email Address]. Thank you for your assistance and cooperation in this matter. Sincerely, [Your Name]
South Dakota Sample Letter to Clerk for filing Default Judgment Signed by Judge
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FAQ
If you're sued, you can choose to do nothing. This means that you do not file any response by the deadline. The Plaintiff then can ask the judge to decide the case without your input. This is called a default or a default judgment.
If the liability of one party to another has been determined by verdict or order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an offer made before trial if it is served ...
A default judgment can be entered by a clerk or by a judge. In simple civil cases and where the defendant is neither a minor nor an incompetent person, the clerk, with an affidavit showing the amount due, can enter the judgment for that amount.
When you are served with a Complaint and Summons in South Dakota, you have a certain amount of time to respond or there could be dire consequences. If you don't respond, a Court can agree with the facts in the Complaint and find you in default.
Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party. 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.
In general, the borrower gets one year to redeem the home after a South Dakota foreclosure sale. (S.D. Codified Laws § 21-52-11). But if the mortgage is a short-term redemption mortgage, the redemption period is 180 days after the purchaser from the foreclosure sale records a certificate of sale in the land records.
Many mortgages in South Dakota have a provision that requires the lender to send a breach letter if you fall behind in payments. This notice tells you that the loan is in default. If you don't cure the default, the lender can accelerate the loan (call it due) and go ahead with the foreclosure.
The nonjudicial process is pretty straightforward: The lender serves the borrower a notice of sale at least 21 days before the sale date and publishes the notice in a newspaper once a week for four weeks. (S.D. Codified Laws § 21-48-6.1, § 21-48-6). Then the lender can sell the property at a foreclosure sale.
