How to File a Request for Entry of Default: Packet and Affidavit

To file a request for entry of default, confirm the defendant was properly served, wait for the response deadline to pass, then submit a written request to the court clerk along with an affidavit showing the defendant never responded, the proof of service, and, in federal court, an affidavit about the defendant’s military status. The clerk reviews the paperwork and, if everything is in order, enters the default on the docket. No hearing, no judge — this is an administrative act by the clerk under Rule 55(a).¹

One thing to keep straight before you start: the entry of default is not the same as a default judgment. The entry is the clerk’s notation that the defendant missed the deadline. A default judgment, which actually awards you money or other relief, comes later and is a separate filing. You cannot get the judgment without first getting the entry.¹

Confirm the Response Deadline Has Passed

In federal court, a defendant has 21 days after being served to file an answer or other responsive pleading.² If the defendant waived formal service under the federal rules, the deadline extends to 60 days from the date the waiver request was sent.³ State courts typically allow 20 to 30 days, and some states grant additional time when the defendant was served outside the state.

Count from the date shown on the proof of service, not the date you filed the complaint. If you file the request even a day early, the clerk will reject it and you will have to start the paperwork over. The summons itself usually states the exact response deadline, so check that if you are unsure whether an extension applies.

Confirm Service Was Valid

The clerk will not enter a default unless the file shows the defendant was properly served. In federal court, you can serve an individual by delivering the summons and complaint in person, leaving copies at the defendant’s home with someone of suitable age who lives there, or delivering copies to an authorized agent. You can also follow the service rules of the state where the federal court sits.⁴ State courts have their own methods, which may include certified mail or, when the defendant cannot be found, service by publication.

The person who served the papers must complete a proof of service form documenting how, when, and where the documents were delivered. That proof needs to be filed with the court. Without it, the clerk has no basis to enter default no matter how long the defendant has been silent.

Assemble Your Filing Packet

Courts are picky about paperwork, but the packet itself is short. You will typically need:

A written request for entry of default, directed to the clerk under Rule 55(a). Many courts publish a standard form; if yours does not, a plain written request identifying the case and the defaulting defendant works.
An affidavit or declaration stating that the defendant has not filed an answer or any other responsive pleading. Rule 55(a) requires the failure to respond to be shown “by affidavit or otherwise.”¹
The proof of service, if it is not already on file, so the clerk can confirm the deadline has passed.
A military status affidavit, addressed in the next section.

Affidavits generally need notarization. Notary fees run $5 to $15 per signature in most states, and a few states do not cap the fee. Mobile notaries who come to you cost more.

The Military Status Affidavit

Federal law requires an affidavit stating whether the defendant is in active military service before any default judgment can be entered.⁵ The Servicemembers Civil Relief Act is designed to prevent service members from losing court cases while deployed or otherwise unable to respond. If you cannot determine the defendant’s military status, the affidavit has to say so explicitly.

You can verify active-duty status for free through the Department of Defense Manpower Data Center’s online tool, which generates a certificate you can attach to your affidavit.⁶ Filing a false military status affidavit is a federal crime punishable by a fine, up to one year in prison, or both.⁵ If the defendant is on active duty, the court must appoint an attorney to represent the service member before proceeding.

Technically the military affidavit is required for the default judgment rather than the entry of default itself, but filing it up front with the packet avoids having to circle back later and is the practice most plaintiffs follow.

File the Packet With the Clerk

Submit the documents to the court clerk in person or through the court’s electronic filing system. The clerk reviews whether the paperwork is complete and whether the response period has actually expired. If everything checks out, the clerk enters the default on the docket. No hearing takes place, and no judge reviews the request at this stage.

The request for entry itself usually carries no separate court fee in most jurisdictions, though the later motion for default judgment often does. Motion filing fees generally range from $35 to $45, and this varies by court. Track any process server fees you paid (typically $20 to $100) and your notary costs, because recoverable costs can be included in the default judgment you seek later.

Mistakes That Get Requests Denied

Filing before the response deadline expires is the single most common error. The clerk will deny the request, and you will have to refile once the deadline has actually passed. Sloppy proof of service comes close behind. If the proof does not clearly show who was served, how, and when, the clerk will reject it.

Missing the military status affidavit will not necessarily block the entry of default, but it will stall the default judgment that follows, which is the point of the whole exercise. Watch for defendants who made a partial appearance and then went silent. Even a single responsive filing can mean the defendant “appeared,” and once a defendant has appeared, you must serve written notice of your default judgment application at least 7 days before any hearing.¹ Skipping that notice can invalidate the entire judgment later.

One more trap: filing for default and then doing nothing. Courts can dismiss cases for failure to prosecute if you do not follow up with a default judgment motion within a reasonable time.

What Happens After the Clerk Enters Default

The entry of default treats the factual allegations in your complaint as admitted for purposes of liability, but it does not award you anything.¹ To get money or other relief, you file for a default judgment as a separate step.

If your claim is for a fixed dollar amount that can be calculated precisely, such as an unpaid invoice for a specific sum, the clerk can enter the default judgment based on an affidavit showing the exact amount owed, plus costs. This path is available only when the defendant failed to appear entirely and is not a minor or a legally incompetent person.¹ For any other kind of claim, including personal injury, emotional distress, or lost profits, a judge has to determine damages, often at a prove-up hearing where you present evidence.

The defendant also has a route to undo the entry if they act quickly. Under Rule 55(c), a court can set aside an entry of default for “good cause,” a relatively forgiving standard that courts often apply in favor of resolving cases on the merits.¹ The sooner you move from the entry of default to a final judgment, the less exposure you have to that risk.

1
Legal Information Institute. Federal Rules of Civil Procedure Rule 55 – Default and Default Judgment
2
Legal Information Institute. Federal Rules of Civil Procedure Rule 12 – Defenses and Objections When and How Presented
3
United States Courts. Federal Rules of Civil Procedure – Rule 4(d) and Rule 12(a)
4
United States Courts. Federal Rules of Civil Procedure – Rule 4
5
Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments
6
SCRA. SCRA – Servicemembers Civil Relief Act