Mississippi Affidavit for Entry of Default
What this document covers
An Affidavit for Entry of Default is a sworn statement made by an attorney, confirming that a defendant has been properly served with legal documents and has failed to respond. This document is essential in civil legal proceedings to request a default judgment against the defendant who has not answered or defended the claims made in the complaint. Unlike other affidavits, this one specifically supports a motion to obtain a default judgment due to inaction by the defendant.
Key components of this form
- Affiant's personal statement of facts.
- Confirmation of service of the Summons and Complaint to the defendant.
- Statement of the timeline since service was made.
- Evidence of the defendant's failure to respond.
- Signature of the affiant and a notary public.
When to use this form
This form should be used when a plaintiff has initiated legal action against a defendant, and the defendant has not responded within the required timeframe. It is particularly relevant after thirty days have passed since the defendant was served with the legal documents. This affidavit helps the plaintiff formally request the court to enter a default judgment due to the lack of response from the defendant.
Intended users of this form
- Plaintiffs in a civil lawsuit who need to secure a default judgment.
- Attorneys representing plaintiffs in legal actions.
- Individuals familiar with the legal process who seek to have a defendant held accountable for non-response.
Completing this form step by step
- Identify the parties involved, including the plaintiff and defendant.
- Confirm the date when the defendant was served with the Summons and Complaint.
- Verify that at least thirty days have passed since service.
- Include a statement regarding the defendant's failure to respond.
- Sign the affidavit before a notary public, who will also sign and stamp the document.
Does this document require notarization?
This document requires notarization to meet legal standards. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available 24/7.
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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.
Common mistakes to avoid
- Failing to include accurate dates regarding service.
- Not notarizing the affidavit, which is essential for legal validity.
- Omitting necessary details about the defendantâs inaction.
- Assuming the affidavit is unnecessary if the defendant is unreachable.
Benefits of completing this form online
- Immediate access to a legally vetted template.
- Easy customization to fit the specific requirements of your case.
- Convenience of downloading and printing from anywhere.
- Reliability with forms created by licensed attorneys.
What to keep in mind
- An Affidavit for Entry of Default is crucial when a defendant fails to respond to legal actions.
- Proper completion and notarization of this affidavit are essential for a court's acceptance.
- This form assists plaintiffs in seeking a default judgment against unresponsive defendants.
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FAQ
The entry of default allows you to obtain a default judgment without proving your case to the court.Some courts will provide you with a form for this. Your Application or Request for Certificate of Default should also include an affidavit setting forth your opponent's default.
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.
Default judgments happen when you don't respond to a lawsuit often from a debt collector and a judge resolves the case without hearing your side.Next up could be wage garnishment or a bank account levy, which allows a creditor to remove money from your bank accounts to repay the debt.
A judge can set aside a default judgment for the following reasons, among others: Mistake, inadvertence, surprise, or excusable neglect of the party who failed to defend himself in the case. Fraud, misrepresentation, or other misconduct by the party who filed the case.
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.
When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time.
After you notify the defendant of the judgment, you can begin to enforce the judgment. Your judgment might be for money, repossession, eviction, foreclosure, or any number of things. In any case, your rights at this point would be the same as if you had gone to trial and won.
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.
Generally, if a defendant fails to respond to a complaint you can get a default judgment after 45 days. However, the court system is very slow these days and it can take several months to get the court to issue the default judgment.
