Default Judgment Package

Instructions These forms are intended to provide an example of the default and default judgment by process under Local and Federal Rule of Civil Procedure 55. The procedure is a two-step process: (1) entry of default by the Clerk of Court (Fed. R. Civ. P. 55(a)); and (2) entry of default judgment, by the Clerk of Court when the claim is for a sum certain (Fed. R. Civ. P. 55(b)(1)) and by the Court in all other instances (Fed. R. Civ. P. 55(b)(2)). StepOne­ObtainClerk'sEntryofDefault The documents required for obtaining entry of default are: 1. Request for Clerk's Entry of Default; 2. Affidavit (or Declaration) in Support of Motion for Entry of Default; 3. Proposed form for Clerk's Entry of Default; and 4. A Certificate of Service indicating that these documents were served upon the defendant. StepTwo­ObtainDefaultJudgment After the Clerk of Court has entered default, a default judgment may be obtained. BytheClerkforSumCertain The documents required for obtaining a default judgment for sum certain are: 1. Request for Entry of Default Judgment for Sum Certain; 2. Affidavit (or Declaration) in Support of Request for Entry of Default Judgment for Sum Certain, showing that the party against whom judgment is sought is not an infant or incompetent person; the party has defaulted in appearance in the action; the amount shown by the statement is justly due and owing and no part thereof has been paid except as therein set forth; and the disbursements sought to be taxed have been made in the action or will necessarily be made or incurred therein; 3. A statement of amount due showing all calculations, not to exceed the amount demanded in the complaint, giving credit for any payments and showing the amounts and dates thereof, a computation of the interest to the day of judgment, and the costs and taxable disbursements claimed (often combined with Affidavit in Support); 4. Proposed form of Default Judgment for Sum Certain containing the last known address of each judgment creditor and judgment debtor (and if unknown, an affidavit by the party seeking default that affiant has no knowledge of the address); and 5. A Certificate of Service indicating that these documents were served upon the defendant. BytheCourt An application to the court for the entry of default judgment, pursuant to FRCP 55(b)(2), shall reference and include the docket numbers of the Clerk's Entry of Default and the pleading to which no response has been made. American LegalNet, Inc. www.FormsWorkFlow.com FilingTheseDocuments When a pro se party requests the Entry of Default or the Default Judgment for Sum Certain, the original documents must be sent or given to the Clerk of Court for filing, unless they have been given permission to electronically file documents. E-filers may use the following docketing events to electronically file these documents: · Request for Clerk's Entry of Default: use Civil > Other Filings / Other Documents > Request for Clerk's Entry of Default. Attach all related documents. · Request or Motion for Entry of Default Judgment for Sum Certain: use Civil > Other Filings / Other Documents > Request for Entry of Default Judgment for Sum Certain. Attach all related documents. · Affidavits or Declarations: (1) attach the documents to the Request entry; or (2) make separate docket entries using the applicable events located in the Responses and Replies category. Since these documents are in support of the request, they should relate/link to the requests they support. · Certificates of Service: (1) attach the Certificate of Service an attachment to the Request; or (2) make a separate docket entry using the Certificate of Service event located in the Service of Process category American LegalNet, Inc. www.FormsWorkFlow.com Print Form Clear Form UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ______________________________________ Click here to enter name of Plaintiff(s), Plaintiff(s), v. , Click to enter case # Click here to enter name of Defendant(s), , Defendant(s). ______________________________________ REQUEST FOR ENTRY OF DEFAULT Plaintiff(s), Click here to enter name , request(s) that the Clerk of Court enter Default against Defendant(s), Click here to enter name , pursuant to Federal Rule of Civil Procedure 55(a). In support of this request Plaintiff relies upon the record in this case and the affidavit submitted herein. Dated Click here to enter a date . __________________________ Choose an item. American LegalNet, Inc. www.FormsWorkFlow.com UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ______________________________________ , Click here to enter name of Plaintiff(s), Plaintiff(s), v. , Click here to enter name of Defendant(s), Defendant(s). ______________________________________ AFFIDAVIT IN SUPPORT OF REQUEST FOR ENTRY OF DEFAULT I, Click here to enter name, being duly sworn, state as follows: 1. I am the Choose an item. in the above-entitled action and I am familiar with the file, records and pleadings in this matter. 2. The summons and complaint were filed on Click here to enter a date . 3. Defendant(s) was / were served with a copy of the summons and complaint on Click here to enter a date, as reflected on the docket sheet by the proof of service filed Click to enter case # on Click here to enter a date. 4. An answer to the complaint was due on Click here to enter a date. 5. Defendant(s) has / have time allowed and, therefore, is / are failed to appear, plead or otherwise defend within the now in default. 6. Plaintiff requests that the clerk of court enter default against the defendant(s). Dated Click here to enter a date. __________________________ Choose an item. Sworn to and subscribed before Me this ____ day of ____________, 20__. _____________________________ Notary Public My Commission Expires: ________ American LegalNet, Inc. www.FormsWorkFlow.com UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ______________________________________ Click here to enter name of Plaintiff(s), Plaintiff(s), v. Click to enter case # Click here to enter name of Defendant(s), Defendant(s). ______________________________________ ENTRY OF DEFAULT It appearing that Defendant(s) Click here to enter name of Defendant(s) , are (is) in Default for failure to appear or otherwise defend as required by law, Default is hereby entered as against said defendants on this day of Click here to enter a date. Mary C. Loewenguth Clerk of Court United States District Court By: Click here to enter