Mississippi Application for Entry of Default - Affidavit - Motion - Entry of Default - Default Judgment
Understanding this form
The Application for Entry of Default - Affidavit - Motion - Entry of Default - Default Judgment is a legal document that allows a plaintiff to request the court to declare a defendant in default due to their failure to respond to a lawsuit. Unlike other legal forms, this document combines multiple purposes, allowing the plaintiff to seek entry of default and default judgment in one motion. This form must be used in accordance with the Mississippi Rules of Civil Procedure, specifically Rule 55.
Main sections of this form
- Title section: Identifies the parties involved and the case number.
- Application for Entry of Default: A request to the court for entry of default against the defendant.
- Affidavit section: Includes a sworn statement from the plaintiff's attorney confirming the defendant's lack of response.
- Motion for Default Judgment: A request for a judgment based on the defendant's failure to defend.
- Signature fields: Spaces for the attorney's signature and notary public seal.
Situations where this form applies
This form should be used when the defendant in a lawsuit has failed to respond to the plaintiff's complaint, and the plaintiff wishes to obtain a default judgment. It is particularly useful in cases where the defendant has not filed an answer within the required timeframe or has otherwise neglected to defend against the claims made in the lawsuit.
Who this form is for
- Plaintiffs seeking to enforce their claims against a defendant who has not responded.
- Attorneys representing plaintiffs in civil litigation.
- Individuals or entities filing lawsuits in Mississippi courts.
Completing this form step by step
- Identify the parties: Fill in the names of the plaintiff and defendant, along with the case number.
- Complete the affidavit: The attorney must state their personal knowledge of the facts and the defendant's failure to respond.
- File the motion for default judgment: Specify the grounds for the motion and include the amount sought if applicable.
- Sign and date the document: Ensure the affidavit is signed by the attorney in front of a notary.
- Submit to the court: File the completed form with the appropriate court in Mississippi.
Notarization requirements for this form
To make this form legally binding, it must be notarized. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Mistakes to watch out for
- Failing to provide correct case details, such as case number and names of parties.
- Not including all required signatures and notarization where necessary.
- Omitting important dates or factual declarations in the affidavit.
Benefits of using this form online
- Convenient access to a downloadable format that can be filled out at your pace.
- Reliable templates drafted by licensed attorneys ensure legal compliance.
- Editability allows adjustments based on individual circumstances or requirements.
Legal use & context
- Ensures proper legal process is followed in obtaining a default judgment.
- Facilitates faster resolution of cases where defendants are unresponsive.
- Helps establish a formal court record of the defendant's failure to participate.
Main things to remember
- This form is essential for plaintiffs seeking a default judgment against unresponsive defendants.
- It includes multiple components such as affidavits and motions pertinent to the default process.
- Understanding the completion process and common pitfalls will enhance effectiveness and compliance.
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FAQ
Unspecified sum money claim Complete the bottom of the judgment request section on the "notice of issue (unspecified amount) form" (N205B) and to request judgment by default complete form N227 Request for judgment by default (amount to be decided by the court). A judge will decide: if a court hearing is needed, or.
A default judgment means that the court has decided that you owe money. This a result of the person suing you in small claims court and you failed to appear at the hearing.
Entry of default refers to the process where the person making a claim in a case makes a request before a court of law stating that the party against whom they have made a claim have failed to furnish any meaningful response to the claimant's pleadings within the time allowed for that.
The danger of allowing a default judgment against you is once this occurs the debt buyer can garnish your wages and your bank accounts.If you don't submit a written answer to the lawsuit the court can enter a default judgment giving the debt buyer everything they are asking for.
Instances in which Default Judgment may be sought or granted: The Defendant failed to serve and file Notice of Intention to Defend. The Defendant delivered the Notice of Intention to Defend but failed to serve and file a Plea. The Defendant has entered into a defective entry of Notice of Intention to Defend.
A default judgment means that the court has decided that you owe money. This a result of the person suing you in small claims court and you failed to appear at the hearing.
A simple default doesn't mean you legally owe a certain amount of money. A default judgment identifies the amount you owe the plaintiff. You don't want this to happen because a default judgment makes you a judgment debtor. Plaintiff may use all sorts of legal procedures to legally take your money and property.
What happens next? When you file your Motion and Affidavit to Set Aside Default, you will get a hearing date and time from the court clerk. At the hearing, the judge will grant or deny the motion. If the judge grants your motion, the default or default judgment will be set aside, and the case will move forward.
In summary, CPR 12.3 provides that the claimant may obtain judgment in default only if the defendant has not filed an acknowledgment of service or defence (as the case may be) and the relevant time for doing so has expired.
