Motion for Default Judgment
Last Updated: March 10, 2022

Fed. R. Bankr. P. 7012(a) provides that the defendant in an adversary proceeding must serve an answer within 30 days of the issuance of the summons by the court unless the court prescribes a different time. If the United States or an officer or agency of the United States is the defendant, an answer must be served within 35 days of the issuance of the summons. The summons must be served within 7 days of its issuance under Fed.R.Bankr.P. 7004(h).

Fed. R. Civ. P. 55, as incorporated by Fed. R. Bankr. P. 7055, authorizes the clerk to enter the default of a party. This can only be done upon a showing by the party seeking the entry of the default “by affidavit or otherwise” that a default has in fact occurred.

Filing Requirements:

• Motion for Default Judgment
• Notice of Motion for Default Judgment. Usually, 14 days to object unless circumstances require more or less time. Notice is sent to the parties in interest.
• Affidavit of default setting forth the following facts:

1. Date of issuance of the summons;

2. Statement of whether the court fixed a deadline for serving an answer or motion, or whether a time limit applies.

3. Date of filing of an affidavit of service.

4. Statement that no answer or motion has been received within the time limit fixed by the court or by Fed. R. Bankr. P. 7012(a).

5. Statement that the defendant is not in the military service, as required by 50 U.S.C. App. § 521. If the defendant is, or may be, in the military service, the defendant is afforded certain protections which must be addressed prior to the entry of a default; and

6. Statement that the defendant is not an infant or incompetent person, as is required by Fed. R. Civ. P. 55(b)(1).

• Proof of Service

If the Motion for Default Judgment is filed and served not less than 7 days before the Pretrial, the movant may include in the notice that a hearing on the Motion for Default Judgment on the same date and time as the Pretrial.

If the Motion and supporting pleadings satisfy the requirements of Rule 7055, the movant may notice the motion under negative notice provisions or call the Court to request a date and time for the hearing upon filing the motion.

The Court may, on its own motion, determine that a hearing is required, and such hearing will be scheduled by the Clerk's Office.

To File Electronically:

1. Log into CM/ECF.

2. Select [Adversary >  Motions].

3. Enter the case number (e.g, xx-xxxxx).

4. Select [Default Judgment] from the event list.

5. Select the party filer.

6. Browse to select the Motion (.pdf file).
   
   Note:  The Motion, Notice of Motion, Affidavit and Proof of Service may be a single PDF or the Notice of Motion, supporting documents, and Proof of Service may be added as attachments to Motion for default.  Ideally, the Proof of Service should be filed as an attachment (separate from other pleadings). This will make it more efficient for all parties (especially the Judge and the Clerk) to ensure correct and timely service. However, the Motion must be the first document in your PDF.

7. Modify the text as appropriate.

8. Verify the final docket text; if correct, click [Next] to submit your document(s).
   
   Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

UPDATES:

03/10/22 Updated filing requirements and procedure to include more detailed information. Added Affidavit of Default requirements.