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Affidavit for Entry of Default

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CO-538

Rev. 3/87

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

vs.
Civil Action No.

AFFIDAVIT IN SUPPORT OF DEFAULT

I hereby certify under penalty of perjury, this , that I am the attorney of record for the plaintiff in the above-entitled case; that the defendant(s)

was [were]: [personally served with process on ].

OR

[served via registered or certified mail pursuant to provisions of Rule 4(C)(ii) of the Superior Court
of the District of Columbia on (date the return receipt was signed by addressee): ].

OR

[served via First Class Mail pursuant to provisions of Rule 4(C)(ii) of the Federal Rules of Civil
Procedure on (date the Acknowledgment Form was signed by addressee): ].

OR

[The authority for obtaining personal jurisdiction over the defendant served outside the District of
Columbia is: ].

I further certify under penalty of perjury that no appearance has been entered by said defendant(s) in this case; no pleading has been filed and none served upon the attorney for the plaintiff(s); [no extension has been given and the time for filing has expired] [although an extension has been given, the time for filing has expired]; that the defendant is neither an infant nor an incompetent person.

The Clerk is requested to enter a Default against said defendant(s).

Bar Id. Number

Attorney for Plaintiff(s) [signature]

Address and Telephone Number

GENERAL INFORMATION

  • Affidavits, default and default/judgment forms must be typed and submitted to the Civil In-Take Desk (original and one), together with the case jacket.
  • If service was effected outside the District of Columbia, pursuant to the Long-Arm Statute, D.C., the sub-section that applies to this case, must be cited along with the cite for the Long-Arm Statute.
  • If service is made on a domestic or foreign corporation or upon a partnership or other unincorporated association, the return of service must show in which capacity the individual served accepted service. (Officer, Managing or General Agent, or any other agent authorized to receive process)
  • If the return postal receipt is not signed by the party named in the summons, the affidavit of service must give specific facts from which the Court can determine that the person who signed the receipt meets the appropriate qualifications for receipt of process as set forth in Rule 4(d) of the Superior Court for the District of Columbia.
  • If the judgment is based upon a promissory note, the original note must be submitted along with the request for default/judgment.
  • If the Complaint is based upon a breach of contract, a promissory note or for an ascertainable sum, the Clerk can enter default/ judgment if it is for all the claims and all the parties.
  • Affidavits must be signed by plaintiff's attorney.
  • The amount in the affidavit for default/judgment cannot exceed the amount prayed for in the complaint.
  • If the request for default or default/judgment is for more than one party and the forms supplied by the Clerk do not contained enough space to accommodate all this information, Counsel should draft his/her own forms, tracking the language contained in the Clerk's forms.
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What the Affidavit for Entry of Default Is

An Affidavit for Entry of Default is a sworn written statement filed with a court to establish that a defendant has failed to respond or otherwise defend an action within the time required by law. It typically accompanies a request for entry of default against the non‑responsive party and documents service of process, the lack of any timely answer, and the factual basis for entry of default. Courts use the affidavit to confirm procedural prerequisites before entering default and, where applicable, before a default judgment is considered.

Why this affidavit matters in default proceedings

The affidavit provides the court a factual, sworn record that notice was properly given and that statutory timeframes have elapsed, enabling the clerk or judge to enter default and advance the case without a responsive pleading.

Why this affidavit matters in default proceedings

Who typically prepares and files this affidavit

Parties who file affidavits for entry of default should understand both procedural rules and the evidence needed to prove nonresponse in court.

  • Plaintiff or plaintiff’s counsel — Prepares affidavit, attaches proof of service, and files with the clerk.
  • Process server or investigator — Provides sworn proof of service details for the affidavit.
  • Court clerks or staff — Review affidavit for procedural completeness before entering default.

Confirm local court rules for required attachments and clerk procedures before submission to avoid rejection or delays.

Who can sign and attest on the affidavit

Plaintiff / Attorney

The plaintiff or an attorney of record commonly signs the affidavit to attest to nonresponse and attach supporting service documents; signature must be under oath and, if required, notarized.

Process Server

A professional process server or other person with first‑hand knowledge signs the proof of service portions; their statement should show date, method, and recipient to support the affidavit.

Core parts to include in a professional affidavit

A complete affidavit for entry of default organizes facts clearly and includes supporting attachments so the clerk can verify procedural compliance without additional requests.

Caption

Court name, case number, party names, and title of the affidavit so the document is associated correctly with the docket and the clerk can easily locate the file.

Statement of Service

A concise, sworn recitation of when, where, and how the defendant was served, including the process server’s name and any identification numbers, to establish effective notice.

Failure to Respond

A factual statement confirming the defendant did not file an answer or otherwise respond within the statutory or court‑ordered timeframe, including specific deadline dates.

Supporting Exhibits

Attach proof of service, the original complaint, any returned mail, and other documentary evidence that supports the claimed lack of response and jurisdictional facts.

Oath or Jurat

A notarized jurat or sworn declaration under penalty of perjury with signature, printed name, date, and notary or official block where required by court rules.

Relief Requested

A brief statement of the specific clerical action sought (entry of default, clerk signature, or scheduling for default judgment) and any proposed entries for the record.

Essential data fields to provide

Case Caption: Court and case number
Party Names: Plaintiff and defendant
Service Date: MM/DD/YYYY
Method of Service: Personal, substituted, mail
Affiant Name: Signer of affidavit
Notary Block: Notary signature and seal

Step-by-step: completing an affidavit for entry of default

Follow these sequential steps to prepare a clear, admissible affidavit that meets typical court requirements and reduces the risk of clerical rejection.

  • 01
    Draft the caption: Enter court, case number, and party names exactly as on the complaint.
  • 02
    Describe service: State the date, time, location, and method of service with specific details.
  • 03
    Attach proof: Include the signed proof of service and any returned mail or delivery receipts.
  • 04
    Sign under oath: Sign before a notary or include a sworn declaration per local rules.

Digital signing and eSubmission considerations

Courts increasingly accept electronically signed affidavits if they meet local rules and statutory e‑signature standards.

  • File Formats: PDF or PDF/A preferred
  • Authentication: Email/SMS code or multi‑factor
  • Integrations: E‑filing systems and cloud storage

Confirm local court e‑filing rules and whether the clerk requires original wet‑ink notarization, RON, or accepts certified electronic records before eSubmitting.

How to configure an online affidavit workflow

A standard online workflow ensures correct field placement, signer authentication, and attachment of service evidence for court filing.

Field Configuration
Case Caption Locked text field, auto‑populate from template
Service Exhibit Attach PDF/JPEG proof of service
Signer Authentication Email + SMS code or ID verification
Notary / RON Enable remote notary session when permitted

Filing flow: from affidavit to entry of default

This simplified routing shows typical parties and steps from preparation through clerical action.

  • Prepare affidavit: Draft affidavit, attach proof of service, and gather exhibits.
  • Affiant signs: Affiant signs under oath and obtains notarial acknowledgment when required.
  • File with clerk: Submit to court clerk via e‑file or in‑person per local procedures.
  • Clerk enters default: Clerk reviews documents and enters default if procedural prerequisites are met.

Timelines and typical deadlines to watch

Timely submission is critical—different rules govern when default may be entered and when default judgment may be sought.

Response Period:

Check governing rule for defendant’s deadline; commonly 20–30 days after service.

Entry of Default:

File affidavit promptly after response period expires to avoid being preempted by other motions.

Default Judgment Motion:

Some courts require a separate motion and hearing; timing varies by local rule.

Service Proof Timeliness:

Attach proof of service contemporaneously to show the response period began.

Post‑Entry Motions:

Defendant may move to set aside default—statutory or rule‑based deadlines apply for such motions.

Key milestones from filing to clerk action

Use this milestone sequence to track the affidavit process and expected clerk decisions in order.

01

Complaint Filed

Plaintiff files complaint and prepares service documents.

02

Service Executed

Process server effects service and documents actions in a proof of service.

03

Response Period Expires

Statutory period for defendant’s answer lapses.

04

Affidavit Filed

Affidavit and exhibits are filed requesting entry of default.

Common mistakes to avoid when preparing the affidavit

  • Failing to attach proof of service or attaching incomplete service evidence can cause the affidavit to be rejected.
  • Using vague service descriptions (e.g., 'left with person') without identifying recipient and relationship undermines credibility.
  • Signing before notarization or omitting the jurat can render the affidavit procedurally deficient.
  • Ignoring local court rules for formatting, filing fees, or exhibit numbering leads to clerical delays.

Potential consequences of incorrect or incomplete affidavits

Rejected Filing: Affidavit may be returned by the clerk
Vacated Default: Judge may set aside improperly entered default
Sanctions Risk: False statements risk sanctions
Delay in Relief: Relief timeline may be extended
Extra Costs: Additional filings and attorney fees
Evidence Shortfall: Insufficient proof may block judgment

How the affidavit compares with related court filings

Compare common documents so you know when an affidavit is the appropriate path versus a motion or clerk request.

Document Affidavit for Entry of Default Motion for Default Judgment
Purpose establish nonresponse request judgment
Notarization often required not always required
Court Action clerk entry of default judicial decision
Timing after response period after default entry

eSignature vendor comparison for affidavit preparation and signing

Selecting an eSignature provider affects cost, compliance, and workflow capabilities; signNow is shown first for direct comparison across common criteria.

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Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Practical examples of affidavit use

These short case outlines show how affidavits for entry of default are used in real scenarios and what was attached to support entry.

Small Business Debt Collection

A vendor filed the affidavit after certified mail to the debtor was returned unclaimed and no answer was filed within 30 days

  • Affidavit attached the certified mail receipt and complaint
  • The clerk entered default, allowing the vendor to move for default judgment based on documentary proof.

Residential Eviction Matter

A landlord filed an affidavit following unsuccessful personal service and a missed response deadline

  • Process server affidavit and photos of attempt were included
  • Court clerk accepted the affidavit and entered default, permitting a hearing on damages and possession.

Common questions and practical answers

Answers to frequent questions focus on notarization, attachments, e‑filing, and how to correct common errors without delaying default entry.


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