Default Judgment Notice Form

DEFAULT JUDGMENT NOTICE FORM

Court:    Case No.:

Plaintiff Name:    Plaintiff Counsel (if any):

Plaintiff Address:

Defendant Name:    Defendant Address:

RECITALS

WHEREAS, Plaintiff commenced the above-captioned action in the Court named above alleging causes of action against Defendant arising from the facts set forth in Plaintiff's Complaint filed on ; and

WHEREAS, Defendant was duly served or otherwise properly notified of the action and has failed to plead, appear, or otherwise defend as required by law as of ; and

WHEREAS, Plaintiff seeks entry of default and an order entering judgment against Defendant for the amounts and remedies described below in accordance with the applicable rules and statutes.

NOW THEREFORE

Plaintiff hereby gives notice to the Court and to Defendant and any counsel of record of Plaintiff's request for entry of a default judgment, and states as follows:

1. STATEMENT OF FACTS

Plaintiff's claims arise from the following material facts. Provide a concise statement of the acts or omissions on which the claim for relief is based:

2. DEFAULT AND BASIS FOR JUDGMENT

On the date set forth above, Defendant was in default for failure to answer or otherwise defend. Plaintiff asserts entitlement to judgment as follows:

3. RELIEF REQUESTED

Plaintiff requests that the Court enter judgment by default against Defendant in the total amount stated above, together with pre-judgment and post-judgment interest as permitted by law, costs of suit, and any other relief the Court deems just and proper.

Check applicable specific requests:

Request entry of a money judgment in the amount set forth above.

Request injunctive relief as described in the Complaint (describe below if checked).

4. OPPORTUNITY TO CURE / DEFAULT CIRCUMSTANCES

Prior to seeking default judgment, Plaintiff:

Sent a written notice of default to Defendant on .

Offered Defendant an opportunity to cure the default within days, which Defendant failed to do.

5. CERTIFICATION AND DECLARATION

I certify under penalty of perjury under the laws of the applicable jurisdiction that the foregoing is true and correct to the best of my knowledge, information and belief. I further certify that the amounts claimed are justly due and owing and that all procedural prerequisites for entry of default and default judgment have been satisfied.

6. SERVICE

Plaintiff certifies that a true and correct copy of this Notice was served on Defendant as indicated below.

Service Date:    Method: Personal U.S. Mail Electronic Service

Affidavit of Service Attached:

7. NOTICES

8. MISCELLANEOUS PROVISIONS

Governing Law: This Notice and any order entered pursuant to it shall be governed by and construed in accordance with the laws of the jurisdiction in which the Court sits.

Entire Agreement: This Notice, together with the Complaint and any exhibits referenced herein, constitutes the entire statement of Plaintiff's request for entry of judgment by default and supersedes any prior statements or informal communications concerning the relief requested herein.

Severability: If any provision of this Notice is held invalid or unenforceable, the remainder of the Notice shall remain in full force and effect to the fullest extent permitted by law.

Amendments; Waiver; Counterparts: This Notice may be amended only by a writing signed by the party seeking relief. No waiver of any provision hereof shall be effective unless in writing. This Notice may be executed in counterparts, each of which shall be deemed an original.

9. ATTACHMENTS

The following documents are attached in support of this Notice and are incorporated by reference: Affidavit of Service, Declaration of Amount Due, Copies of Contract/Invoice(s), Proposed Order for Default Judgment.

SIGNATURES

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