Affidavit For Judgment By Default (Sample And Form)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x Plaintiff, - against - ____ Civ. _______ ( ) AFFIDAVIT FOR JUDGMENT BY DEFAULT Defendant. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x STATE OF NEW YORK ) ) COUNTY OF NEW YORK ) ss.: ___________________________________, being duly sworn, deposes and says: 1. I am a member of the Bar of this Court and am associated with the firm of _________________________________, attorneys for plaintiff in the above-entitled action and I am familiar with all the facts and circumstances in this action. 2. I make this affidavit pursuant to Rule 55.1 and 55.2(a) of the Civil Rules for the Southern District of New York, in support of plaintiff's application for the entry of a default judgment against defendant. 3. This is an action to recover ______________________ owed by defendant to plaintiff for __________________________________________________. 4. Jurisdiction of the subject matter of this action is based on jurisdiction. 5. This action was commenced on (date) by the filing of the summons and complaint. A copy of the summons and complaint was served on the defendant on SDNY Web 5/99 American LegalNet, Inc. www.FormsWorkflow.com (date) by personal service on (name) , (STATE SPECIFICALLY HOW SERVICE WAS MADE ON DEFENDANT) and proof of service by the Special Process Server was filed. The defendant has not answered the complaint and the time for the defendant to answer the complaint has expired. 6. This action seeks judgment for the liquidated amount of $___________, plus interest at ________% from (date) , for a total as of (date) of $___________, as shown by the annexed Statement, which is justly due and owing, and no part of which has been paid except as therein set forth. 7. The disbursements sought to be taxed have been made in this action or will necessarily be made herein. WHEREFORE, plaintiff requests the entry of Default and the entry of the annexed Judgment against defendant. Dated: New York, New York (date) ______________________________________ (Attorney's name) Sworn to before me this _____ day of _____________, ________. _____________________________ Notary Public IF DEFENDANT IS AN INDIVIDUAL, ATTORNEY'S AFFIDAVIT MUST CONTAIN A STATEMENT THAT HE OR SHE IS NOT A MINOR, MENTALLY INCOMPETENT NOR IN THE MILITARY SERVICE OF THE UNITED STATES. SDNY Web 5/99 -2- American LegalNet, Inc. www.FormsWorkflow.com UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x Plaintiff, ____ Civ. _______ ( ) - against - AFFIDAVIT FOR JUDGMENT BY DEFAULT Defendant. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x ) ) COUNTY OF NEW YORK ) STATE OF NEW YORK ss.: ___________________________________, being duly sworn, deposes and says: 1. I am a member of the Bar of this Court, and am associated with the firm of in the above-entitled action, _________________________________, attorney(s) for plaintiffs and I am familiar with all the facts and circumstances in this action. 2. I make this affidavit pursuant to Rule 55.1 and 55.2(a) of the Civil Rules for the Southern District of New York, in support of plaintiff's application for the entry of a default judgment against defendant. 3. This is an action to recover ______________________ owed by defendant to plaintiffs for __________________________________________________. 4. Jurisdiction of the subject matter of this action is based on jurisdiction. 5. This action was commenced on by the filing of the summons and complaint. A copy of the summons and complaint was served on the defendants on by personal service on , ____________________________________________________________________, and proof of SDNY Web 5/99 American LegalNet, Inc. www.FormsWorkflow.com service by the Special Process Server was filed. The defendants have not answered the complaint and the time for the defendants on answer the complaint has expired. to 6. This action seeks judgment for the liquidated amount of $___________, plus interest at ________% from , for a total as of of $___________, as shown by the annexed Statement, which is justly due and owing, and no part of which has been paid except as therein set forth. 7. The disbursements sought to be taxed have been made in this action or will necessarily be made herein. * 8. WHEREFORE, plaintiff requests Judgment against defendant. the entry of Default and the entry of the annexed Dated: New York, New York ______________________________________ Sworn to before me this _____ day of _____________, ________. _____________________________ Notary Public SDNY Web 5/99 -2- * If defendant is an individual American LegalNet, Inc. www.FormsWorkflow.com