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Affidavit Requesting Clerk's Entry of Default
Last Updated: March 28, 2025
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11 U.S.C.
Fed. R. Bank. P. 7055, 7012(a)
Fed. R. Civ. P. 55, 55(a)
Event: Adversary > Miscellaneous > Affidavit Requesting Clerk's Entry of Default
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A party in an adversary proceeding may request that the Clerk enter default against a defendant pursuant to FRCP 55(a).
NOTE: Entry of default is not required and does not take the place of a Default Judgment.
The Clerk is permitted to enter a default only upon being presented with an affidavit or affirmation setting forth the facts:
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Date of issuance of the Summons;
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Statement of whether the court fixed a deadline for serving an Answer or Motion, or whether the 30 (or 35) day time limit applies.
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Date of filing of the Complaint
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Date of filing of an Affidavit of Service.
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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).
To File Electronically:
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Log into CM/ECF.
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Select [Adversary > Miscellaneous].
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Enter the case number (e.g, xx-xxxxx).
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Select [Affidavit Requesting Clerk's Entry of Default] from the event list.
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Select the party the filing is against.
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Modify the text as appropriate.
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Verify the final docket text; if correct, click [Next] to submit your document(s).
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