This form is a sample Application for Entry of Default and a Supporting Affidavit. The plaintiff places before the court an application for entry of default against the defendant. The form also contains an affidavit which supports the allegations made by the plaintiff.
Application for Entry of Default - Affidavit - Motion - Entry of Default - Default judgment
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Description
Definition and meaning
The Application for Entry of Default is a legal document used by a plaintiff in a civil lawsuit to request the court to enter a default judgment against a defendant who has failed to respond to the complaint. The Affidavit accompanying the application serves to confirm the plaintiff's assertions regarding the defendant's lack of response. The Motion for Default Judgment is submitted to the court to formally seek judgment based on the defendant's failure to defend against the claims brought forth in the lawsuit. A default judgment allows the plaintiff to obtain a favorable ruling without the need for a hearing.
How to complete a form
To properly complete the Application for Entry of Default, follow these steps:
- Begin by identifying the correct court and jurisdiction where the lawsuit is filed.
- Clearly fill out the names of the petitioner and the respondent, as well as the case number assigned by the court.
- Complete the affidavit section by providing necessary details about the service of summons and complaint.
- Sign the application before a notary public to ensure its validity.
- Submit the completed form to the court clerk to initiate the default judgment process.
Who should use this form
This form is designed for plaintiffs in civil cases who have a defendant that has failed to respond to a complaint. If you are seeking a resolution when the other party does not engage in the legal process, this form is appropriate for use. Typically, this applies to cases involving debt collection, breach of contract, or other civil disputes where you have properly served the complaint on the defendant.
Key components of the form
The Application for Entry of Default includes several essential components:
- Case caption: Identifies the court, parties involved, and case number.
- Affidavit: Provides a sworn statement confirming proper service of legal documents.
- Service details: Specific information regarding when and how the defendant was served.
- Signature: Requires the signature of the plaintiff or their attorney, along with a notary acknowledgment.
Common mistakes to avoid when using this form
When completing the Application for Entry of Default, be mindful of these common errors:
- Failing to serve the defendant properly before filing the application.
- Not including the correct case number or party names, which could delay processing.
- Omitting necessary signatures or notary verification, rendering the form invalid.
What documents you may need alongside this one
Along with the Application for Entry of Default, you may need the following documents:
- A copy of the original complaint served on the defendant.
- Proof of service documentation, such as a certified mail receipt.
- Any prior motions or affidavits related to the case that may support your request for default judgment.
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FAQ
Once a default is entered, it prevents the other party from filing a Response. The other party may file a motion to set aside the default, but that would have to be heard before they were permitted to respond to the case or contest the orders you have requested.
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.
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.
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.
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.
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 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.