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.