Application Request and Affidavit For Entry Of Default {SC-8150-326}

SC 8150-326.2 - SMALL CLAIMS APPLICATION FOR ENTRY OF DEFAULT. This form from the Maricopa County Justice Courts is used by a plaintiff to request a court judgment when the defendant has failed to respond to a small claims lawsuit within the time required by law. When a defendant does not file an answer or other responsive pleading within 20 days of being served, the plaintiff may begin the two-step process of obtaining a default judgment under Justice Court Rules of Civil Procedure (JCRCP) Rule 140. Step one involves completing and filing an Application for Entry of Default, which must also be served on all parties in the case. If the defendant still does not respond within 10 court business days after the application is filed, the default becomes effective—meaning the defendant loses the right to dispute liability, although they may still be involved in proceedings concerning the amount of damages. Step two requires the plaintiff to file a Request and Affidavit for Entry of Default Judgment, including a proposed judgment and supporting documentation such as contracts, invoices, or receipts to prove the claimed amount. If the judge has further questions or a party requests it, a default hearing may be held, though most cases are resolved without one. The form also addresses the requirement to check the military status of the defendant under the Servicemembers Civil Relief Act, as active-duty service members are entitled to special legal protections. JCRCP Rule 140. www.FormsWorkflow.com