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West Virginia Request for Clerk's Entry of Default Judgment, Declaration, and Proposed Order

State:
West Virginia
Control #:
WV-SKU-0090
Format:
PDF
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Description

Request for Clerk's Entry of Default Judgment, Declaration, and Proposed Order

The West Virginia Request for Clerk's Entry of Default Judgment, Declaration, and Proposed Order is a legal document used by a plaintiff to request a default judgment against a defendant who did not respond to the complaint. The document includes the plaintiff's declaration of facts, the proposed order for default judgment, and a proposed order for service on the defendant. There are two types of West Virginia Request for Clerk's Entry of Default Judgment, Declaration, and Proposed Order: a signed and notarized version and an unsigned version. The signed and notarized version requires the plaintiff to sign and have the document notarized in order for the court to accept it. The unsigned version does not require the plaintiff to sign or have the document notarized. The Request for Clerk's Entry of Default Judgment, Declaration, and Proposed Order must include: * The name of the plaintiff and the defendant * A detailed description of the facts of the case * A proposed order for default judgment * A proposed order for service of the default judgment on the defendant * The plaintiff's signature and a notarized version (if applicable) The West Virginia Request for Clerk's Entry of Default Judgment, Declaration, and Proposed Order is a necessary step for a plaintiff to obtain a default judgment against a defendant who failed to respond to the complaint.

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FAQ

A default judgment (also known as judgment by default) is a ruling granted by a judge or court in favor of a plaintiff in the event that the defendant in a legal case fails to respond to a court summons or does not appear in court.

WEST VIRGINIA The lien will continue for 10 years from the date of entry. W.Va. Code § 38-3-7. The judgment may be renewed for an additional 10 years.

Rule 55 - Default (a)Entry. - When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default. (b)Judgment.

- On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) Mistake, inadvertence, surprise, excusable neglect, or unavoidable cause; (2) newly discovered evidence which by due diligence could not

Rule 65 - Injunctions (a)Preliminary injunction. - (1)Notice. - No preliminary injunction shall be issued without notice to the adverse party. (2)Consolidation of hearing with trial on merits.

A motion for default judgment may be asked for when a defendant does not file a responsive pleading within twenty-one days after being served.

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West Virginia Request for Clerk's Entry of Default Judgment, Declaration, and Proposed Order