If No Answer is Filed

If No Answer or Response is Filed

If the defendant does not file an answer or response to the complaint by the date set forth on the summons, he or she may be in default depending on the circumstances.

I. When the defendant is in default, the plaintiff may seek to have the clerk enter the default. To request the clerk to enter the default, file an original (no copies) to the Clerk of the following:

A. An affidavit or request for Entry of Default. The affidavit/request should include:

1. Name of defendant against whom default is sought;
2. Date of filing of the complaint;
3. Date of service of the complaint and summons, and method of service;
4. Date of filing of the proof of service, and;
5. A statement that no answer or other response has been filed by the defendant.

B. An Affidavit of Non-Military Service, as required by 50 U.S.C., Appendix, Section 520.

C. A partially completed Form B 260. Complete the top portion of form B 260. Form is available at the US Courts Forms page: http://www.uscourts.gov/uscourts/RulesAndPolicies/bkforms/official/b260.pdf

Once the default has been entered, the plaintiff may seek a default judgment. The Plaintiff may obtain a default judgment for the relief requested in the complaint.

II. To request this judgment, plaintiff submits an original (no copies are required) to the Clerk of the following:

A. A Motion for Default Judgment. The motion should include:

1.  Name of defendant against whom default judgment is sought;
2.  Date of filing of the complaint;
3.  Date of issuance of summons;
4.  Date of service of the summons;
5. A statement when the answer was due; and,
6. A statement that no answer or response has been filed.

B. The proposed Default Judgment. Sample form available at the US Courts Forms page: http://www.uscourts.gov/uscourts/RulesAndPolicies/bkforms/official/b261b.pdf

III. The proposed Default Judgment is forwarded to the Judge for review and signature.

IV. Upon entry of the Default Judgment, a copy will be mailed to the address of record to the contesting parties and on other entities as the court directs.