Motion For Default Judgement Instructions

Filing a Motion for Default Judgment

• Ensure all the required documents are correctly compiled:

  • Motion for Default Judgment

  • Exhibits: Attach all relevant exhibits to support your claims.

  • Military Service Affidavit: This affidavit confirms whether the defendant is currently in military service, in compliance with the Servicemembers Civil Relief Act (SCRA).

  • Proof of Attorney's Fees: Include documentation demonstrating the basis and reasonableness of the attorney's fees requested.

    • Download the paid invoice for our clients bill and attach this as an exhibit

• Submit them to the appropriate court according to the court’s filing procedures.

Steps to Prepare and File a Military Service Affidavit

1. Gather the Defendant's Information:

   • Obtain the defendant’s full name, date of birth (DOB), and Social Security Number (SSN) if possible. While the SSN isn't mandatory, it helps ensure accuracy.

2. Verify Military Status Using the SCRA Website:

   • Visit and login to the SCRA website. https://scra.dmdc.osd.mil/scra/#/single-record

   • Select "Single Record Request."

   • Enter the defendant's name and DOB. If available, include the SSN for a more accurate search.

   • Complete the CAPTCHA verification and submit your request.

   • Download and print the certificate that confirms the defendant's military status based on the search results. This certificate will indicate whether the individual is currently on active duty.

3. Draft the Military Service Affidavit: (SEE TEMPLATE)

   • Title: "Military Service Affidavit."

   • Introduction: Include your name and role (e.g., Plaintiff or Plaintiff’s attorney) and state that you've conducted a search through the SCRA website.

   • Statement of Military Status: Based on the SCRA results, state whether the defendant is currently in military service.

   • Attestation: Include a statement that you swear or affirm the accuracy of the information.

   • Signature and Notarization: Sign the affidavit in front of a notary, who will then notarize it.

4. Include the Affidavit with the Motion for Default Judgment:

   • Attach the Military Service Affidavit, including the downloaded SCRA certificate, as part of your exhibits when filing the Motion for Default Judgment.

TEMPLATE: MILITARY SERVICE AFFIDAVIT

Military Service Affidavit

I, [Your Full Name], being duly sworn, depose and say as follows:

1. I am the [Plaintiff/Plaintiff’s attorney] in the above-captioned matter.

2. I have conducted a search through the Department of Defense Manpower Data Center (DMDC) via the SCRA website to determine the military status of [Defendant’s Full Name].

3. Based on my search conducted on [Date], the SCRA results indicate that [Defendant’s Full Name] is [not currently in active military service/in active military service] as of this date.

4. I certify under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

Signature: ___________________________

[Your Full Name]
[Your Address]
[Your Phone Number]
[Date]

Subscribed and sworn to before me on this [Date] day of [Month, Year].

Notary Public: ___________________________
My commission expires: _______________________

TEMPLATE: MOTION FOR DEFAULT JUDGMENT 

MOTION FOR DEFAULT JUDGMENT

COMES NOW, the Plaintiff, [Plaintiff’s Name], by and through the undersigned counsel, and respectfully moves this Court for the entry of a Default Judgment against the Defendant, [Defendant’s Name], pursuant to Rule [Insert Applicable Rule]. In support of this Motion, Plaintiff states as follows:

1. Background

1. The Defendant was properly served with a copy of the Complaint and Summons on [Date of Service].

2. The Defendant has failed to file an answer or responsive pleading within the time allowed by law.

3. As a result, the Defendant is in default, and Plaintiff is entitled to a Default Judgment.

2. Relief Requested

The Plaintiff requests that the Court enter a Default Judgment against the Defendant for the following:

• [Insert Specific Relief Requested, e.g., monetary damages, specific performance, attorney’s fees, etc.]

3. Exhibits

The following exhibits are attached to support this Motion:

• Exhibit A: Affidavit of Service, proving the Defendant was served on [Date].

• Exhibit B: Military Service Affidavit (indicating whether the Defendant is in military service in compliance with the Servicemembers Civil Relief Act).

• Exhibit C: Attorney's Fees Affidavit, providing a detailed explanation of the fees incurred in this matter.

• Exhibit D: Any other evidence, contracts, or documentation supporting the Plaintiff's claims.

4. Military Service Affidavit

Attached hereto as Exhibit B is the Military Service Affidavit in compliance with 50 U.S.C. § 3931, affirming that the Defendant is not on active military duty.

5. Attorney's Fees

Attached as Exhibit C is an affidavit detailing the attorney's fees incurred in this matter. Plaintiff requests that the Court grant reasonable attorney's fees in the amount of $[Insert Amount], as authorized by law and any applicable agreements.

6. Conclusion

WHEREFORE, Plaintiff respectfully requests that this Court:

1. Enter a Default Judgment against the Defendant for the sum of $[Total Amount Requested], plus costs and attorney’s fees.

2. Grant any other relief the Court deems just and proper.

Respectfully submitted,

[Your Name]
[Your Law Firm’s Name]
[Your Address]
[City, State, Zip Code]
[Phone Number]
[Email Address]
Attorney for Plaintiff

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Motion for Default Judgment was mailed to the Defendant at [Defendant's Address], on this [Date] via [Method of Service, e.g., First-Class Mail, Certified Mail].

[Your Signature]
[Your Name]