[Your Name] [Your Address] [City, State, Zip] [Email Address] [Phone Number] [Date] [Recipient's Name] Clerk of Circuit Court [County Name] [County Address] [City, State, Zip] Re: Filing Default Judgment Signed by Judge — Case No. [Case Number] Dear Clerk of Circuit Court, I hope this letter finds you well. I am writing to submit documentation for filing a Default Judgment Signed by Judge in the aforementioned case. I kindly request your assistance in processing this filing as per the legal procedures of West Virginia. As per the West Virginia Code of Civil Procedure, Rule 55, a default judgment may be entered when a defendant fails to appear, answer, or otherwise respond to a complaint within the required time frame. In our case, the defendant has failed to take any action within the specified period, thereby warranting the need for a default judgment. Enclosed with this letter, you will find the following documents necessary for filing the Default Judgment Signed by Judge: 1. Motion for Default Judgment: This document provides a detailed explanation of the relevant facts, including the defendant's failure to respond, and requests the court to enter a default judgment in favor of the plaintiff. 2. Affidavit of Service: This affidavit confirms that the defendant was properly served with the original summons and complaint, as required by law. It includes the date, time, location, and method of service. 3. Certificate of Default: This certificate serves as evidence that the defendant failed to respond within the time frame specified by law. It states the date on which the default was entered. 4. Proposed Order: This document requests the judge to sign and enter the Default Judgment, granting the relief sought by the plaintiff. It is essential to ensure that all the documents are complete, accurate, and properly formatted for filing. Attached to this letter is a checklist to assist you in reviewing the enclosed documents for compliance with the court's requirements. I appreciate your prompt attention to this matter and kindly request that you provide me with a file-stamped copy of the filed documents for my records. Should you require any additional information or documentation, please do not hesitate to contact me at [Phone Number] or [Email Address]. Thank you for your cooperation in this matter. Sincerely, [Your Name]
West Virginia 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.
