Civil Default Judgment
Pursuant to Uniform Magistrate Court Rule 43.1, a Plaintiff must comply with the following provisions before seeking entry of a Default Judgment in any Civil Action.
You (the Plaintiff) must certify to the following:
- The date, time, and type of service perfected on your Claim to the Defendant;
- That proof of service on the Defendant was filed with the Court;
- The date of proof of service on the Defendant was filed with the Court; and
- That no defensive pleadings (example – answer) have been filed by the Defendant as shown by Court records.
To comply with this requirement, you may use the Affidavit/Request for Default Judgment form created by the Court but you are required to fill out the form completely as Court staff cannot complete this form for you.
Additionally, you must provide a Military Service Search Affidavit to be attached with your paperwork. The information for the Military Service Search Affidavit may be obtained in the following ways:
Website:
https://scra.dmdc.osd.mil
Mail:
Defense Manpower Data Center
Attn: Military Verification
1600 Wilson Blvd., Suite 400,
Arlington, VA 22209-2593
Telephone:
(800) 538-9552
To comply with this requirement, you may use the Military Service Search Affidavit form created by the Court but you are required to fill out this form completely as Court staff cannot complete this form for you. If you are unable to determine the Defendant’s Military Status, then you must provide specific facts as to why you are unable to make this determination in the space provided in the Affidavit/Request for Default Judgment.
If you have any questions of procedure you may contact Court staff. If you have legal questions these will need to be addressed to an attorney.
Affidavit/Request for Default Judgment | ||
Military Service Search Affidavit |