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Request for Clerk's Entry of Default

On occasion, a party may request that the Clerk enter a default against a defendant. An 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. These facts should include:

  • Date of issuance of the summons;
  • Statement of whether the Court fixed a deadline for serving an answer or motion,or whether the 30 (or 35) day time limit applies;
  • Date of service of the complaint;
  • Date of filing of an affidavit of service;
  • 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);

The affidavit or affirmation should be filed with the Court and must have a completed proposed Entry of Default (Form 2600) attached. The affidavit and proposed Entry of Default should be filed in CM/ECF using the Request for Entry of Default and Affidavit event which is available in the “Other” category of Adversary events.

Note: The failure to submit a proposed Entry of Default and an affidavit that contains all the information listed above will prevent the Clerk's Office from completing an Entry of Default.