Affidavit of Default

The document is an affidavit for default judgment filed in a court of record, stating that the petitioner filed a motion to show cause against the respondent who failed to respond or defend the case. As the record shows the respondent did not plea, request more time, or object to the proceedings, the affidavit asserts that a summary default judgment is warranted under the law to abate restraints on the person and property. The affidavit is signed and notarized by the petitioner to swear that the facts presented are true and correct.

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Affidavit of Default

Uploaded by

Sheila Burrus

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Download as PDF, TXT or read online on Scribd

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NAME OF COURT

Address of court

Name Jurisdiction: Court of Record, under

Petitioner the rules of Common Law1

- Against - Case no:

Name(s) AFFIDAVIT FOR

Respondent DEFAULT JUDGMENT

YOUR STATE )
) :SS2
YOUR COUNTY )

I, ________________, Affiant, hereinafter petitioner, being of lawful age, qualified and

competent to testify to, and having firsthand knowledge of the following facts, do
hereby swear that the following facts are true, correct and not misleading:

WHEREAS: on _____________2019, petitioner filed a motion to Show Cause; in the

above stated court and served the respondent(s), _______________________________
who has failed to plea and defend the above case. The record shows that no respondent
made any Return; no respondent requested more time to answer; and, no respondent
provided any objection to the proceedings. Therefore a summary judgment for default is
in order. Thereby law requires the above said court to abate at law; and, release of
restraint on both person and property.

Default Judgment - Entering a Default: “When a party against whom a judgment

for affirmative relief is sought has failed to plead or otherwise defend; and, that

1
"A Court of Record is a judicial tribunal having attributes and exercising functions independently of the person of the
magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings
being enrolled for a perpetual memorial". Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parte Gladhill, 8 Metc.
Mass., 171, per Shaw, C.J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689.
2
An affidavit uncontested unrebutted unanswered stands as truth. - United States v. Kis, 658 F.2d 526, 536 (7th Cir. 1981);
Cert. Denied, 50 U.S. L. W. 2169; S. Ct. March 22, 1982 1982.
Affidavit of Default Page 1 of 2
failure is shown by Affidavit or otherwise [under seal], the clerk must enter the
party’s default.” FRCP Rule 55(a); FRCP Rule 58(b) (2); 28 U.S.C. §2243.

_________________________________________

NOTARY

In ______________ State, _______________ County, on this _____ day of ___________, 20____, before me, the
undersigned notary public, personally appeared _____________________________________, to me known to be the
living (wo)man described herein, who executed the forgoing instrument and has sworn before me that (s)he executed the
same as their free-will act and deed.

(Notary seal)

_________________________________________
Notary

My commission expires: ____________________