Affidavit of
Default
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About this document
The Affidavit of Default is filed by a plaintiff when a defendant fails to respond to a lawsuit within the legal time limit (usually 20 or 30 days). It serves as a sworn request to the court clerk to enter a "default" against the defendant, meaning the defendant has forfeited their right to defend the case.
This affidavit effectively wins the liability portion of the case by forfeit. It must attest that the defendant was properly served, that the time to answer has expired, and that no answer or motion has been received. It is the prerequisite step before obtaining a final Default Judgment order.