Request for Clerk's Entry of Default

Default judgment is a judgment entered against a party who has failed to defend against a claim that has been brought by another party. Before the Court can enter a Default Judgment, the movant must file a request with an affidavit asking the clerk to enter an Entry of Default.

The request can be in the form of an application or motion with the affidavit filed as an attachment or separate document. The affidavit must include the following facts:

• Date of service of complaint;
• Date of issuance of the summons;
• Date of filing of an affidavit of service;
• Statement of whether the court fixed a deadline for serving an answer or motion, or whether the 30 (or 35) day time limit applies;
• Statement that no answer or motion has been received within the time limit fixed by the Court or by Fed. R. Bankr. P. 7012(a);
• Statement that the party against whom default is requested is not an infant or incompetent person; and
• Statement that the defendant is not in the military services.