Motion for Default Judgment
FOUNDER’S NOTE: My “VERIFIED MOTION AND AFFIDAVIT TO MODIFY PARENTAL RESPONSIBILITIES” in Lesson 11 was ignored by my ex-wife, so I filed a “MOTION AND AFFIDAVIT FOR DEFAULT JUDGMENT,” which is the subject of this lesson.
Here is my MOTION FOR DEFAULT JUDGMENT
in the Minnesota case used as an example in Lessons #1-8.
A motion for default judgment is fun to write because, according to the rules, you have won the case by default and are entitled to a judgment in your favor by the court for the relief requested, either in the “Prayer for Relief” section of your complaint, see Lesson #8, or, as in my case, in my motion to modify parental responsibilities in my family law case, see Lesson #11.
And, a motion for default judgment is among the easiest court documents to write! We, the plaintiff or “movant,” simply allege the facts showing the other side’s failure to answer and cite the rule(s) – the “controlling law” – entitling us to default judgment. In my action, I cited Rule 55 of the Colorado Rules of Civil Procedure.
It’s as simple as that!