Default Judgment Motion in Minnesota: Template Forms

Default Judgement Motion in Minnesota – Template Form Package

A motion for default judgment is a request asking the court to provide a default judgement when the defendant has not responded to a complaint within the court-allotted time-frame.

The following are examples of forms used for a default judgement motion in Minnesota court. It is not recommended that these templates be used without first consulting an experienced contract attorney.

Free Downloads:

  1. Memorandum of Law in Support of Motion for Default Judgment (Motion)
  2. Notice of Motion and Motion for Default Judgment 
  3. Findings of Fact, Conclusions of Law, and Order for Default Judgment (Proposed Order)

Full Text:

1) Memorandum of Law in Support of Motion for Default Judgment (Motion)

STATE OF MINNESOTA

COUNTY OF HENNEPIN

DISTRICT COURT

FOURTH JUDICIAL DISTRICT

 

 

,

 

 

Plaintiff,

vs.

 

.

 

 

Defendants.

Case Type: Contract

Assigned Judge:

Court File No:

 

Memorandum Of Law In Support Of Motion For Default Judgment


INTRODUCTION

 

This case involves the breach of a promissory note securing a loan from ___________ (“____”) to Defendant __________ (“_________”).  Defendant __________ (“________”) guaranteed __________ obligations under the promissory note.

___________ served its Summons and Complaint on Defendant _____________ on February 6, 2014 and upon Defendant ___________ on February 5, 2014–more than twenty (20) days ago.  To date, Defendants have failed to serve an Answer or responsive pleading upon Plaintiff or to otherwise indicate their intent to defend the claims asserted herein.  Thus, the time period set forth by the Minnesota Rules of Civil Procedure for answering or responding to the Complaint has elapsed, permitting Plaintiff to obtain judgment against Defendants by default.  As such, Plaintiff requests a default judgment against Defendants in a manner consistent with the proposed Order provided herewith.

STATEMENT OF FACTS

 

After ______________ was solicited by _________ and ___________, the parties entered into a Promissory Note dated January 8, 2008 (the “Promissory Note”).  A true and correct copy of the Promissory Note is attached to Plaintiff’s Complaint as Exhibit ___. (Id. at ¶5).

Pursuant to the Promissory Note, ___________ made payment to ______________ in the amount of Two Hundred and Fifty Thousand Dollars ($250,000) on January 8, 2008. (Id. at ¶6).  ____________ personally guaranteed the Promissory Note. (Id. at ¶7).

An Agreement to Extend and Renew the Promissory Note dated January 8, 2008 (“Extension Agreement”) was signed by __________ and sent to the Defendants. (Id. at ¶8).  A true and correct copy of the Extension Agreement is attached to Plaintiff’s Complaint as Exhibit B. (Id. at ¶9).

____________ Co. made the following interest payments under the Promissory Note: $2,500 (March, 2010); $5,000 (February, 2011); $2,500 (June, 2011); and, $1,250 (July 2011), but made no payments on principal. (Id. at ¶10).  __________made no payments for sums due under the Promissory Note. (Id. at ¶11).

Under the Extension Agreement, the Promissory Note’s maturity date was April 8, 2013. (Id. at ¶12).  Despite the maturity date having passed, __________ and ___________ have failed to pay the remaining sums due despite demand for same by Pilot Butte. (Id. at ¶13).

Under the Promissory Note, interest accrues at a Regular Rate of Ten Percent (10%) per annum, plus a $25,000 Additional Interest payment which becomes due on the maturity date. (Id. at ¶14).  The principal, Regular Interest, and Additional Interest all bear interest at the rate of Twenty Percent (20%) per annum after the maturity date of April 8, 2013 and until paid in full. (Id. at ¶15).

The total principal and interest due to _____________ from the Defendants as of February 27, 2014 is Five Hundred Thousand Two Hundred Thirty-three Dollars and ninety-five cents ($500,233.95) and interest is accruing at the daily rate of Two Hundred Thirty-five Dollars and ninety-six cents ($235.96). (Id. at ¶16).  A true and correct amortization schedule evidencing sums due from the Defendants is attached hereto as Exhibit A. (Id. at ¶17).

Pursuant to the guarantee, Defendant ____________ is obligated to pay all expenses of, and incidental to collection on, the Promissory Note including attorney’s fees. (Id. at ¶18).  _____________ has retained the law firm of Thompson Hall Santi Cerny & Dooley and is obligated to pay said firm to recover sums due from the Defendants. (Id. at ¶19).

ARGUMENT

  1. PLAINTIFF IS ENTITLED TO DEFAULT JUDGMENT AGAINST DEFENDANTS

 

  1. Defendants Failed to Provide an Answer or Respond to Plaintiff’s                                          Complaint Within Twenty (20) Days Of Service.

 

Rule 12.01 of the Minnesota Rules of Civil Procedure requires that defendants provide an answer to a complaint or a responsive motion within twenty (20) days of service of the Summons and Complaint.  The consequence of a defendant’s failure to respond is addressed in Rule 55.01, which states:

When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend within the time allowed therefor by these rules or by statute, and that fact is made to appear by affidavit, judgment by default shall be entered against that party as follows:

 

(a)     When the plaintiff’s claim against a defendant is upon a contract for the payment of money only, or for the payment of taxes and penalties and interest thereon owing to the state, the court administrator, upon request of the plaintiff and upon affidavit of the amount due, which may not exceed the amount demanded in the complaint or in a written notice served on the defendant in accordance with Rule 4 if the complaint seeks an unspecified amount pursuant to Rule 8.01, shall enter judgment for the amount due and costs against the defendant.

 

(b)    In all other cases, the party entitled to a judgment by default shall apply to the court therefor. If a party against whom judgment is sought has appeared in the action, that party shall be served with written notice of the application for judgment at least three days prior to the hearing on such application. If the action is one for the recovery of money only, the court shall ascertain, by a reference or otherwise, the amount to which the plaintiff is entitled, and order judgment therefor.

 

Minn. R. Civ. P. 55.01(a)–(b).  See alsoDoe v. Legacy Broad. of MN, Inc., 504 N.W.2d 527, 528 (Minn. App. 1993) (holding default judgment may be entered against party who fails to plead or otherwise defend claim within time allowed by law).

Plaintiff served her Summons and Complaint on Defendants more than twenty (20) days ago.  Defendant ___________ was served on February 6, 2014 and Defendant ________ was served on February 5, 2014 (See Affidavits of Service in the Court file).  To date, Defendants have failed to serve an Answer or responsive pleading upon Plaintiff. Thus, the time period set forth by the Minnesota Rules of Civil Procedure for which Defendants had time to answer or respond has elapsed.  Accordingly, Plaintiff requests that the Court enter default judgment against Defendants in a manner consistent with the proposed Order provided herewith.

  1. Plaintiff has Established A Prima Facie Case On The Issues Of                                                           Defendants’ Liability and for Declaratory Relief.

 

Once a court determines that a party is in default, the complaint’s factual allegations, except those related to damages, will be considered as true. Cole v. Metro. Council HRA, 686 N.W.2d 334, 337 (Minn. App. 2004).  To obtain a liability judgment, the party seeking the default must establish a prima facie case. See Hill v. Tischer, 385 N.W.2d 329, 332 (Minn. Ct. App. 1986); Elk River Enterp., Inc. v. Adams, 357 N.W.2d 139, 140–41 (Minn. Ct. App. 1984).  Prima facie evidence is “evidence which, if unrebutted, would support a [favorable] judgment.”  Ulrich v. City of Crosby, 848 F. Supp. 861, 867 (D. Minn.1994) (quotation and citation omitted).

The evidence submitted by affidavit, and the allegations in the Complaint (which have been admitted by Defendants’ default herein) support a favorable judgment on Plaintiff’s breach of contract claim which underlies Plaintiff’s claim for declaratory relief.

A claim for breach of contract requires proof of three elements: (1) the formation of a contract, (2) the performance of conditions precedent by the plaintiff; and (3) the breach of the contract by the defendant.  SeeThomas B. Olson & Assocs., P.A. v. Leffert, Jay & Polglaze, P.A., 756 N.W.2d 907, 918 (Minn. App. 2009).

Add section on attorney’s fees

CONCLUSION

For the reasons stated herein, Plaintiff respectfully requests that the Court enter an order for a default judgment in its favor and against Defendants __________ and ____________ for damages, interest, attorneys fees, costs, and any such other relief as the Court deems just and equitable.

Dated: ______________

 

 

I hereby acknowledge that sanctions may be awarded pursuant to Minn. Stat. § 549.211, subdiv. 3, if the court determines that this document violates Minn. Stat. § 549.211, subdiv. 2.

 

 

 

___________________________

Mark C. Santi (#________)

Lucas J. Thompson (#___________)

lthompson@thompsonhall.com

901 Marquette Ave., Suite 1675

Minneapolis, MN 55402

(612) 466-0010 Main

(612) 437-4500 Fax

 

ATTORNEYS FOR THE PLAINTIFF

 

2) Notice of Motion and Motion for Default Judgment 

STATE OF MINNESOTA

COUNTY OF WASHINGTON

DISTRICT COURT

TENTH JUDICIAL DISTRICT

 

,

 

Plaintiff,

 

vs.

 

,

 

Defendant.

 

Case Type: Civil Other/Misc.

Court File No.:

Assigned Judge:

 

Notice Of Motion And

Motion For Default Judgment

 

TO:     DEFENDANTS ABOVE-NAMED.

NOTICE OF MOTION

PLEASE TAKE NOTICE, that Plaintiff ____________ (“Plaintiff”) will bring the following Motion before the Honorable ______________ at the Washington District Courthouse, 14949 62nd Street North, Stillwater, Minnesota 55082, at ______ a.m. on _____, 2016.

MOTION

Plaintiff moves the Court for an Order for Default Judgment in favor of Plaintiff against Defendant _________________ on the basis of Plaintiff’s claim for fraud and request for damages, prejudgment interest and reasonable attorneys fees, including reasonable costs, disbursements, and any other amounts the Court deems just and equitable upon proof of the same by affidavit.

This motion is based upon Rule 55 of the Minnesota Rule of Civil Procedure, Rule 117 of the General Rules of Practice, the pleadings on file, and the affidavits and documents that will be filed pursuant to the General Rules of Practice.

 

 

Dated:  ____________, 2016

 

 

JUX LAW FIRM

 

                                                           

Mark C. Santi, Esq. (#_________)

Stephanie M. Gamache Tungseth, Esq.

(#__________)

Jux Law Firm (Formerly Thompson Hall)

901 Marquette Ave. S., Suite 1675

Minneapolis, Minnesota 55402

(612) 466-0070 Direct

(612) 466-0010 Main

(763) 437-4500 Fax

 

ATTORNEYS FOR PLAINTIFFS

 

3) Findings of Fact, Conclusions of Law, and Order for Default Judgment (Proposed Order)

STATE OF MINNESOTA

COUNTY OF WASHINGTON

DISTRICT COURT

TENTH JUDICIAL DISTRICT

 

,

 

Plaintiff,

 

vs.

 

,

 

Defendant.

 

Case Type: Civil Other/Misc.

Assigned Judge:

Court File No:

 

Findings Of Fact, Conclusions Of Law, And Order For Default Judgment

 

This matter came on Plaintiff’s Motion for Default Judgment pursuant to Rule 55 of the Minnesota Rules of Civil Procedure in the total amount of $____________ plus costs and disbursements totaling $__________, and pre-judgment interest totaling $_____________.

Based upon all the files, records, and proceedings herein, the Court now makes the following:

FINDINGS OF FACT AND CONCLUSIONS OF LAW

 

ORDER   

  1. Plaintiff’s Motion for Default Judgment in the amount of $___________ against Defendant ____________ is GRANTED on the basis of Plaintiff’s claim for __________.
  2. Plaintiff is entitled to costs and disbursements totaling $__________.
  3. Plaintiff is entitled to applicable pre-judgment interest pursuant to Minn. Stat.§ 549.09 Subd. 1(b) and 80A.76(b)(1) calculated from the date of _____________ through _____________, 2016, equaling $___________.
  4. Accordingly, the Court Administrator shall enter judgment against Defendant in the amount of $___________ plus costs and disbursements totaling $____________, and pre-judgment interest totaling $___________.

 

                  THERE BEING NO JUST REASON FOR DELAY, LET JUDGMENT BE ENTERED ACCORDINGLY.

 

Dated: ______________, 2016

____________________________

The Honorable _______________

Judge of Minnesota District Court

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