West Virginia Sample Letter to Clerk for filing Default Judgment Signed by Judge
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How to fill out 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.
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 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.
Findings of fact, whether based on oral or other evidence, must not be set aside unless clearly erroneous, and the reviewing court must give due regard to the trial court's opportunity to judge the witnesses' credibility.
- A party defending against a claim may pay into court by depositing with the clerk a sum of money on account of what is claimed, or by way of compensation or amends, and plead that the party is not indebted to any greater amount to the party making the claim or that the party making the claim has not suffered greater ...
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.
A default judgment can only be obtained in an Unlawful Detainer case for possession. You have to follow some steps and fill out forms to do this. See CCP 585 to learn the rules for default.
If the court has entered a default judgment against you, the plaintiff can collect it like any other judgment. That means she can try to garnish your wages or attach your bank accounts, among other things.
