Some courts require a written motion before entertaining entry of default judgment.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Motion for Entry of Default Judgment
1.Parties. Movant is [name of plaintiff], Plaintiff, who moves the Court to enter a default judgment against [name of defendant], Defendant, pursuant to rule 239 of the Texas Rules of Civil Procedure.
2.Grounds. Plaintiff is entitled to be granted a default judgment against Defendant and as grounds would show the Court the following:
a.Defendant continues to be indebted to Plaintiff as specifically pleaded in Plaintiff’s original petition on file in this cause.
|
Include the following if applicable. |
b.Plaintiff has not repossessed the collateral and foreclosed its lien described in Plaintiff’s original petition.
|
Continue with the following. |
c.Defendant has been duly served with citation in this cause, and the citation with the officer’s return thereon has been on file with the clerk of this Court for ten days, exclusive of the day of filing and the day of judgment.
d.Defendant has neither answered nor appeared within the time allowed by law and has wholly defaulted.
3.Attachments. Plaintiff has attached the following documents to this motion:
a.Plaintiff’s Certificate of Last Known Mailing Address.
|
Include the following if the defendant is an individual. |
b.Plaintiff’s Nonmilitary Affidavit.
|
Continue with the following. |
c.Plaintiff’s Attorney’s Fee Affidavit.
4.Prayer. Plaintiff prays that the Court enter a default judgment in Plaintiff’s favor against Defendant for the relief prayed for in Plaintiff’s original petition and for all further relief to which Plaintiff may be entitled.
[Name]
Attorney for [name of movant]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]