Free Instructions for Notice of Entry of Decree - All

Instructions for Notice of Intent to Take Default Judgment
The Notice of Intent to Take Default Judgment is notice to the Defendant that a date has been set for trial in the divorce case and that he/she is in default for not responding to the Summons and Complaint within 30 days after the completed service. The Notice of Intent to Take Default Judgment along with the Affidavit of Default is mailed to the Defendant and filed with the Clerk of Courts. · · Complete the top portion of the Notice of Intent to Take Default Judgment (the "caption") as it appears on the Summons and Complaint. Obtain a trial date from the Court Administrator's office or the Clerk of Court (depending upon which county your action is filed in). Mark the appropriate box and fill in the blanks. Date and sign the Notice of Intent to Take Default Judgment. Mail a copy of the Notice of Intent to Take Default Judgment and Affidavit of Default to the Defendant by first class mail, properly addressed, with sufficient postage. Date and sign the Affidavit of Service by Mail in front of a Notary Public or Clerk of Courts. File the original Notice of Intent to Take Default Judgment along with the Affidavit of Default and the Affidavit of Service by Mail with the Clerk of Courts.

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Form UJS-321 Rev. 11/08

STATE OF SOUTH DAKOTA COUNTY OF _______________ _________________________, Plaintiff, vs. _________________________, Defendant TO:

) :SS )

IN CIRCUIT COURT ________ JUDICIAL CIRCUIT DIV _______

NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT

THE DEFENDANT IN THE ABOVE CAPTIONED MATTER: PLEASE TAKE NOTICE that on the ________ day of ________________, _______, at

___________ __.m. trial for Decree of Divorce (Default) will be held:



In the courtroom of the Honorable ______________________, Circuit Court Judge of the

_____________ Judicial Circuit, presiding, located at the _______________ County Courthouse, in _________________ County, _________________, South Dakota. OR



At the Court Administrator's office, ________________ County Courthouse,

_________________, South Dakota. More than sixty (60) days have elapsed since the service of the Summons and Complaint upon you and you have made no response to the Complaint, therefore you are in default. Plaintiff is entitled to judgment against you as requested in the Complaint. The judgment will be based on the Complaint of the Plaintiff, and on all records, files and proceedings in this case, along with any additional testimony and evidence produced at trial.

Form UJS-321 Rev. 11/08

Dated this _______ day of __________________, _______, at _________________ County, South Dakota. _________________________________________ Plaintiff's Signature
Name: (Printed) _______________________________

Address: _________________________________ City/State/Zip: ____________________________ Telephone: (_____)________________________

Form UJS-321 Rev. 11/08

STATE OF SOUTH DAKOTA COUNTY OF _______________ _________________________, Plaintiff, vs. _________________________, Defendant

) :SS )

IN CIRCUIT COURT ________ JUDICIAL CIRCUIT DIV _______

AFFIDAVIT OF SERVICE BY MAIL

I, ____________________________________________, being sworn, state that on
(Name of person who mailed documents)

__________________________________, 20_____, I served the Affidavit of Default and the Notice of Intent to Take Default Judgment, by placing true copies of the documents in an envelope addressed to: ___________________________________ at
(Name of other party)

_______________________________________, in the City of ________________________,
(Other party's address)

State of _________________________, Zip Code __________, and depositing the envelope, with sufficient postage, in the United States Mail at _________________________________.
(Place mailed from)

Dated __________________, ________. _________________________________________
Signature of Person Who Mailed Documents (Sign only in front of a notary or clerk of courts) Name: (Printed) _______________________________

Sworn/affirmed before me this _______ day of _____________, _____. ________________________________
(Notary Public/Clerk of Courts)

Address: _________________________________ City/State/Zip: ____________________________ Telephone: (_____)________________________

(SEAL)
Form UJS-321 Rev. 11/08