[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Designation] [Name of Clerk] [Address] [City, State, ZIP] Re: Utah Sample Letter to Clerk for Filing Default Judgment Signed by Judge Dear [Recipient's Name], I hope this letter finds you in good health and high spirits. I am writing to request assistance with filing a Default Judgment that has been signed by a Judge in the state of Utah. I am seeking guidance on the proper procedure to ensure its successful submission and subsequent execution. As per the Utah Code of Civil Procedure Rule 55, when a defendant fails to respond to a complaint filed against them within the designated time period, a plaintiff may seek a Default Judgment. This legal remedy allows the plaintiff to obtain a judgment in their favor due to the defendant's failure to participate in the litigation process. I have enclosed the necessary documents for your reference, which include: 1. Copy of the Complaint: Filed on [date], this document outlines the nature of the claim, parties involved, and requested relief. 2. Affidavit of Service: An affidavit confirming that the defendant was properly served with a copy of the Complaint. 3. Application for Default Judgment: This application details the reasons for seeking a Default Judgment and the relief sought. 4. Proposed Default Judgment: This document includes the specific request for relief, outlining damages, costs, and any additional remedies. I kindly request that you review these documents and provide any additional instructions or forms that may be necessary to facilitate the filing process. Additionally, I would appreciate guidance regarding any associated filing fees or time limitations that must be adhered to. In order to ensure a seamless and efficient process, I would greatly appreciate your invaluable assistance in reviewing the documentation for completeness and accuracy before filing. Your expertise and attention to detail are crucial in avoiding any potential delays or complications within the legal proceedings. I understand that the court's schedule may vary, but if possible, I kindly request an update regarding the anticipated timeline for processing and obtaining the Default Judgment. If there are any additional requirements or forms specific to Utah or the county of [County Name], please include them with your response. I aim to comply with all necessary regulations and guidelines to guarantee a smooth and successful resolution to this matter. Thank you for your anticipated cooperation and prompt attention to this request. Should you have any questions or require further information, please do not hesitate to contact me at [Phone Number] or via email at [Email Address]. I look forward to your affirmative response and guidance in this regard. Yours sincerely, [Your Name]
Utah Sample Letter to Clerk for filing Default Judgment Signed by Judge
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FAQ
A Motion to Set Aside Default or Judgment is used to ask the court to set aside or "undo" a default or judgment or final order in a case, and to allow the case to move ahead as if the default or judgment had not been made.
If you don't file a response to divorce papers, your spouse can request a default. This means asking the court to decide the case without your input. In a default divorce, the court makes the final decisions based on the information from your spouse, and what the law says, without hearing your side.
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.
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. Get help if you have a default but didn't want one.
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.
(a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.
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.
