Affidavit for Judgment by Default

Jurisdiction: Country: USA | Province or State: New York

What is an Affidavit for Judgment by Default?

An Affidavit for Judgment by Default is a sworn statement. It supports your request for a default judgment when the defendant never responded. You use it to lay out the facts. You show the court that the defendant was served. You show that their time to answer has expired. You prove your damages. You confirm there are no legal barriers to judgment. You ask the court to enter judgment in your favor.

In the Southern District of New York, this affidavit is standard. It is often filed with your motion for default judgment. The court expects clear facts backed by exhibits. The affidavit should make the decision easy. It should stand on its own.

Who typically uses this form?

Plaintiffs and their counsel. This includes businesses, individuals, landlords, investors, and nonprofit organizations. It includes trademark or copyright owners. It includes employers and employees in wage cases. It includes lenders and borrowers. If you filed the case and got no answer, you use this form.

Why would you need this form?

Because the court needs proof before entering judgment. A defendant’s silence is not enough. The court must confirm service. The court must confirm the default. The court must confirm the amount owed. Your affidavit supplies those facts. It protects due process. It creates a clear record.

Typical usage scenarios

• A vendor sues for unpaid invoices. The buyer never appears. You served the complaint. The deadline passed. You now seek a sum certain. You attach the invoices and the interest math. The affidavit asks the Clerk or the Judge to enter judgment.

• A landlord sues a commercial tenant for unpaid rent. The tenant never answers. You served the lease agent. You attach the lease, rent ledger, and notice. You explain the rent period and late fees.

• A company sues for trademark infringement. The reseller never appears. Damages are not a sum certain. You attach sales estimates and evidence. You ask the court to set damages or hold an inquest.

• An employee sues for unpaid wages. The employer never responds. You attach timesheets, pay rates, and liquidated damages math. You request judgment for wages, damages, fees, and costs.

• A lender sues on a promissory note. The borrower defaults. The note states principal and interest. You attach the note and payment history. You show the balance and interest rate.

The affidavit is more than a form. It is your sworn proof. It should be clear, specific, and complete. It should anticipate the court’s questions. It should cite facts, not conclusions.

When Would You Use an Affidavit for Judgment by Default?

You use this affidavit after a defendant fails to plead or otherwise defend. First, you request an entry of default from the Clerk. You do that after the answer deadline passes. You attach proof of service. Once the Clerk enters default, you move for default judgment. Your affidavit supports that motion.

Use it when the defendant never answered. Use it when the defendant answered and then stopped defending. Use it when the defendant defaulted after a missed deadline set by the court. The affidavit fits each of these patterns. Always confirm the default entry before seeking judgment.

Here are practical examples:

• You are a small business owner. You shipped goods. Your customer did not pay. You sued in the Southern District of New York. You served the registered agent. The deadline to answer passed. You got a Clerk’s certificate of default. Now you file this affidavit with your motion. You attach the contract and invoices. You show the total due and the interest math.

• You are a landlord with a commercial lease. The tenant vacated and owes rent. You served the company by serving as the Secretary of State or an agent. The company never responded. You submit this affidavit. You include the lease, rent schedule, and ledger. You ask for base rent, additional rent, and fees as allowed.

• You are a freelancer. You have a signed engagement letter. The client disappeared. You served them at their home. They did not answer. Your affidavit explains service, default, and damages. You attach the contract and time records.

• You are an IP owner. Your takedown notices failed. You sued a seller using your brand. Service by alternative means was ordered and completed. The seller ignored the case. You use this affidavit to prove service and default. You ask for statutory damages or an evidentiary hearing.

• You are a debt buyer with a valid assignment. The consumer was served. No answer. You attach the chain of title and account statements. You include the balance breakdown. You address interest and fees under the agreement.

• You are an employee with unpaid overtime. Service was made to the employer. No answer. You provide timesheets and rate calculations. You support your request for damages, fees, and costs.

In each case, your affidavit shows the court what happened. It shows how you calculated the amount claimed. It confirms that the defendant is not an infant or incompetent. It confirms the defendant is not in active military service. It confirms you mailed the motion papers to the defendant’s last known address. It wraps all the proof in one sworn statement.

Legal Characteristics of the Affidavit for Judgment by Default

Is it legally binding? Yes. It is a sworn statement under oath. By signing, you attest that the facts are true. False statements carry penalties. The court relies on the affidavit to grant relief. That gives it weight and consequence.

What ensures enforceability?

Two pillars. First, proper service and notice. The defendant must have been served with the summons and complaint. They must have had time to respond. You must also mail your motion papers. Second, competent proof of damages. The court needs admissible facts. Your affidavit should show actual knowledge. Attach records kept in the ordinary course. Lay a proper foundation in your statements. The court must be able to verify the numbers.

Enforceability also depends on the type of damages. If the amount is certain or can be made certain, the Clerk may enter judgment. That needs clear math and supporting documents. If the amount is not certain, the Judge decides. The Judge may require more proof. The Judge may hold a hearing or a written inquest. Your affidavit should make that choice easy.

The court also checks legal status issues. The defendant cannot be a minor or legally incompetent unless a guardian appears. You must address active military service. The court cannot enter a default judgment against someone in active service without special steps. Your affidavit should include a clear, factual statement on that status.

You must also show that your case is within the court’s power. You should confirm jurisdiction and venue in your complaint. Your affidavit can briefly note that the court has jurisdiction. Keep it factual and short. Do not argue the entire case again. The default admits well‑pleaded facts on liability. You still have to prove damages.

The court will also review the attorney’s fees and costs. You must show you have a right to them. That can be by contract or law. Attach the fee agreement or the contract clause if needed. Provide time records and rates. Provide invoices for costs like filing fees and service fees. Ask only for what you can prove.

Finally, the affidavit must be properly executed. Use a notary for an affidavit. Sign in ink or by accepted electronic means. Include the notary details. You may also use a sworn declaration if allowed. Then you sign under penalty of perjury. Follow the court’s format rules.

A complete and careful affidavit supports a clean judgment. It reduces delay. It reduces the risk of later challenges. It respects due process. It gives the court what it needs.

How to Fill Out an Affidavit for Judgment by Default

Follow these steps. Keep your statements short and factual. Attach the documents that prove each point.

Step 1: Prepare the caption

• Use the court name at the top.
• List the case caption exactly as on the docket.
• Include the case number.
• Include the assigned Judge’s initials if shown on the docket.
• Title the document “Affidavit for Judgment by Default.”

Example structure:

• Court name
• Case caption with plaintiff and defendant names
• Case number
• Document title

Step 2: Identify yourself as the affiant

• State your full name and role. For example, “I am the plaintiff” or “I am counsel.”
• If you are a records custodian, say so.
• State that you have personal knowledge of the facts.
• State how you gained that knowledge.

Keep it simple:

“I am the owner of the plaintiff company. I manage billing records. I reviewed the records used below.”

Step 3: Confirm service of the summons and complaint

• State when and how the defendant was served.
• Identify who was served.
• Identify the address where the service occurred.
• Attach the filed proof of service as an exhibit.
• If the service was by special order, state the date of that order and compliance.

Example:

“Defendant ABC Corp. was served on May 10, 2025, by service on its registered agent at [address]. See Exhibit 1.”

Step 4: Show the answer deadline has passed

• State the date the response was due.
• Explain how you calculated that date.
• Confirm that no response was filed.
• Attach the docket entry showing no answer if available.

Example:

“The answer was due June 3, 2025. No answer or motion was filed.”

Step 5: Confirm the Clerk’s entry of default

• State that you requested a Clerk’s certificate of default.
• State the date the Clerk entered default.
• Attach the certificate of default as an exhibit.

Example:

“The Clerk entered default on July 1, 2025. See Exhibit 2.”

Step 6: Address military service, infancy, and competence

• State that the defendant is not in active military service.
• State that the defendant is not an infant.
• State that the defendant is not incompetent.
• Explain the basis for your knowledge.
• Attach a military status report if you have one.

Example:

“Based on the attached report and our investigation, Defendant John Doe is not in active military service. He is an adult and not incompetent.”

For entities, state that these statuses do not apply. Still address any individual defendants by name.

Step 7: State liability in brief, with support

• Summarize the claim in one or two short paragraphs.
• Tie each element to a document or fact.
• Do not argue. Just state the facts.

Example:

“Defendant ordered goods under Purchase Order 123. We delivered the goods. Defendant failed to pay the agreed price. The unpaid balance is $52,430.”

Attach the contract, purchase order, delivery confirmation, or emails as exhibits.

Step 8: Prove your damages with precise math

• Break down the principal amount due.
• Show any credits or payments applied.
• Show the interest rate, period, and calculation.
• Identify late fees or liquidated damages, if allowed.
• State the total through a specific date.
• Show per‑diem interest if ongoing.

Use a simple table or paragraph. Keep the math clear:

• Principal: $50,000
• Interest: 9% per year from 1/1/2024 to 6/30/2025
• Interest calculation: $50,000 x 0.09 x 1.5 years = $6,750
• Late fee per contract: $100 per month x 6 months = $600
• Credits: −$920 payment applied on 3/1/2025
• Total due as of 6/30/2025: $56,430

Attach the ledger supporting these numbers. Label it as an exhibit.

If damages are not a sum certain, say so. Ask the court to set damages on papers or at a brief hearing. Still provide your best supported calculation.

Step 9: Request attorney’s fees and costs if allowed

• Identify the basis for fees (contract or law).
• Attach the contract clause if fees are contractual.
• Attach time records. Show hours, rates, and descriptions.
• Keep rates and time reasonable.
• List costs: filing fee, service fee, postage, transcripts, etc.
• Provide totals through a date certain.

Example:

“Fees: 12.3 hours at $350/hour = $4,305. Costs: filing fee $405; service $95; postage $12. Total: $4,812.”

Step 10: Confirm notice of the motion

• State that you mailed the motion for default judgment.
• Include the date and address used.
• Identify the documents mailed.
• Attach a certificate of service as an exhibit.

Example:

“On July 5, 2025, we mailed the motion papers to Defendant’s last known address at [address]. See Exhibit 3.”

If the defendant appeared but did not answer, also serve their counsel.

Step 11: Address interest after judgment

• State whether you seek post‑judgment interest.
• You may also note any request for prejudgment interest already calculated.
• Keep this section short.

Example:

“Plaintiff requests post‑judgment interest and the prejudgment interest shown above.”

Step 12: Include a proposed form of judgment

• Prepare a separate proposed judgment.
• List the judgment amounts by category.
• Identify the defendants against whom judgment is sought.
• Include any injunction or delivery‑up terms if applicable.
• Attach it as an exhibit or separate submission.

In multi‑defendant cases, specify if you seek joint and several liability. Clarify any different amounts by the defendant. Address any claims still pending against other defendants.

Step 13: List and label your exhibits

• Use clear labels: Exhibit 1, Exhibit 2, etc.
• Reference each exhibit in the affidavit text.
• Typical exhibits include:
• Summons and proof of service
• Clerk’s certificate of default
• Contracts, invoices, and ledgers
• Military status report
• Time records and fee statements
• Certificate of service for the motion
• Proposed judgment
• Ensure all exhibits are legible and complete.

Step 14: Add a verification paragraph

• Close with a statement that your facts are true.
• If using a notarized affidavit, include the notary block.
• If using a sworn declaration, include the proper perjury statement and date.

Example for an affidavit:

“I swear the foregoing is true to the best of my knowledge.”

Include the notary acknowledgment with venue, date, and stamp.

Step 15: Sign and date

• Sign the affidavit.
• Print your name and title below the signature.
• Date it.
• Ensure the notary also signs and dates if applicable.

Step 16: File and serve

• File the affidavit and motion through the court’s system.
• Include all exhibits.
• Serve the motion on the defaulting defendant.
• Keep proof of mailing or delivery.

If the court sets a briefing schedule, follow it. If the court directs a hearing, attend prepared with your records.

Practical tips for clarity and completeness

• Write in short, clear sentences.
• Use numbers and dates precisely.
• Do not speculate. Use facts you can prove.
• Total your numbers twice. Check the math.
• Redact personal data where needed.
• Ensure names match across all documents.
• Confirm addresses are correct and consistent.
• Use bookmarks or a table of contents for long exhibits.
• If you rely on business records, say how they are kept.
• If translations are needed, include a translator’s statement.

Handling common obstacles

• Bad service: If the service was defective, re‑serve before seeking default.
• Multiple defendants: Seek default only against those who defaulted. Explain the status of others.
• Unclear damages: Provide the best evidence you have. Ask for a hearing if needed.
• Settlements: If settlement talks are ongoing, say so and seek a brief extension.
• Bankruptcy: If the defendant filed for bankruptcy, do not proceed. Note the stay and pause the motion.
• Government defendants: Expect different rules. Provide required notices and proofs.

Final checklist before filing

• Caption correct and complete
• Identity of affiant and basis of knowledge stated
• Service details and proof attached
• Answer deadline and default confirmed
• Clerk’s certificate of default attached
• Military, infancy, and competence addressed
• Liability facts stated briefly
• Damages math shown and supported
• Fees and costs supported
• Motion service confirmed and proved
• The proposed judgment included
• Exhibits are labeled and legible
• Affidavit signed, dated, and notarized
• Filing and service plan set

If you follow these steps, you give the court what it needs. Your affidavit will be clear. Your proof will be organized. Your request will be ready for review.

Legal Terms You Might Encounter

• Affidavit. This is your written, sworn statement of facts. You sign it under oath or penalty of perjury. In this context, you explain how the defendant failed to respond and the amount you claim.
• Default. Default happens when the defendant misses a deadline to answer or otherwise defend. Your affidavit should identify the missed deadline and show the silence on the docket.
• Clerk’s entry of default. This is a separate step from judgment. The Clerk notes that the defendant is in default after you requested it. Your affidavit often supports that request by proving service and non-appearance.
• Default judgment. This is the final judgment entered because the defendant failed to respond. Your affidavit helps the court decide whether to grant it and in what amount.
• Proof of service. You must show how and when you served the summons and complaint. Attach the executed summons or the process server’s affidavit. Your affidavit ties the service date to the defendant’s deadline.
• Military service affidavit. Federal law protects active-duty service members from default judgments. The court needs your statement that the defendant is not on active duty. You should describe how you searched and what you found.
• Sum certain. A sum certain is a fixed, specific amount due. Unpaid invoices with a fixed total are a sum certain. Your affidavit should show the math and attach the backup.
• Damages capable of calculation. These amounts are not fixed but can be figured out using clear records. Interest, late fees, or usage-based charges can fit. You must show the method and the numbers in your affidavit.
• Personal knowledge. You must speak to facts you know firsthand or from business records you manage. State your role and how you know the facts. Avoid speculation or rumors.
• Attorney’s fees and costs. If you seek fees or costs, you need a basis. Point to the contract or rule that allows them. Your affidavit should state the amount and include billing or receipts.
• Competence and age. Courts avoid default judgments against minors or incompetent persons without extra steps. Include a statement that the defendant is not a minor or incompetent, and explain how you know.
• Notice of motion. If you move for a default judgment, you often must notify the defendant. Your affidavit should describe how you sent notice and to what address.
• Proposed judgment. This is the draft judgment you want the court to sign. Your affidavit should match the figures and terms in the proposed judgment.

FAQs

Do you need the Clerk’s entry of default before asking for default judgment?

Yes. Ask for the Clerk’s entry of default first. You support that request with proof of service and a statement of non-appearance. After the Clerk enters default, you may submit your affidavit for judgment.

Do you need to notarize the affidavit?

You can use a notarized affidavit or a signed declaration under penalty of perjury. Many courts accept unsworn declarations that include the required language and date. Check your court’s instructions and use the correct format.

Do you need to serve the defendant with your default papers?

Usually yes. Even though the defendant has not appeared, most courts want you to mail or otherwise send your motion and affidavit to the defendant’s last known address. Include a certificate of service that shows how you sent it.

Can you claim more money than you asked for in the complaint?

No. You cannot get more or different relief than what the complaint demanded. You may update numbers that flow from the same claim, such as interest, through a new date. Explain any updates in your affidavit and show the math.

What attachments should you include with the affidavit?

Attach the executed summons and proof of service. Add the Clerk’s entry of default. Include contracts, invoices, account statements, and any notices. If you seek fees, attach a billing and a calculation. If you claim interest, attach your interest worksheet.

How do you show the defendant is not on active military duty?

Describe your steps to check. Use business records, public research, or a database search. If you contacted the defendant, note any response. State your conclusion in clear terms. Attach any search results you relied on.

What if there are multiple defendants, and some appear?

You can seek default only against parties who failed to respond. Explain the status of each defendant. If claims are joint, address whether judgment against fewer than all is proper. Ask for the relief that fits the posture of the case.

What if the defendant appears after you file your affidavit?

If the defendant appears before judgment, the court may deny default judgment. The court may let the defendant respond or set aside the default. Monitor the docket and be ready to address any late appearance in a reply affidavit.

Checklist: Before, During, and After the Affidavit for Judgment by Default

Before signing

• Confirm service details. Gather the executed summons, proof of service, and the date service occurred.
• Confirm the deadline to respond. Calculate the due date based on the service date and method.
• Check the docket. Print or save a docket sheet showing no answer or motion by the defendant.
• Obtain the Clerk’s entry of default. Request it and wait for it to be entered on the docket.
• Prepare damage support. Collect contracts, invoices, statements, and delivery or performance proof.
• Prepare interest and fees calculations. Set the rate, time period, and accrual method. Prepare a clean worksheet.
• Prepare the military service statement. Run your search and save the results for attachment.
• Identify the defendant’s status. Confirm the defendant is not a minor or incompetent person.
• Draft a proposed judgment. Mirror your affidavit’s totals and terms.
• Confirm notice requirements. Prepare a certificate of service to show how you will notify the defendant.

During signing

• Verify your identity and role. State your position and how you know the facts.
• Confirm accuracy of dates. Service date, response deadline, and default entry date must match attachments.
• Check the relief matches the complaint. Do not exceed the demand or change its nature.
• Check the math. Ensure damages, interest, and fees add up and match exhibits and the proposed judgment.
• Include required statements. Non-appearance, non-military, not a minor or incompetent, and that your facts are true.
• Use approved oath or declaration language. Include the date and signature block.
• Label exhibits. Use clear labels (e.g., Exhibit A: Contract; Exhibit B: Invoices). Reference each in the text.
• Align names and addresses. Use the exact defendant name and service address as on the summons and proof.

After signing

• File your affidavit and supporting papers. Include the Clerk’s entry of default and your proposed judgment.
• Serve the filing on the defendant. Mail or deliver as rules require, and file a certificate of service.
• Calendar any response or hearing dates. Some courts set a return date or require a conference.
• Monitor the docket. Watch for court orders, requests for more information, or a defendant’s late appearance.
• Be ready to supplement. If the court asks for more proof, submit a short supplemental affidavit with exhibits.
• Save a complete set. Keep a clean, signed copy and all exhibits in your matter file.
• Prepare for enforcement. If judgment enters, plan next steps to collect or secure assets.

Common Mistakes to Avoid

• Skipping the Clerk’s entry of default. If you move straight to judgment, the court may deny your request without prejudice. Don’t forget to secure the Clerk’s entry first and attach it.
• Missing the military service statement. Courts need assurance that the defendant is not on active duty. If you omit it, your motion may be rejected or delayed. Add your search steps and results.
• Requesting relief beyond the complaint. Courts will not award more or different relief than you demanded. If you ask for new categories or higher amounts, you risk denial. Match your request to the complaint.
• Weak or messy damage proof. Vague summaries without source documents are risky. The court may order a hearing or deny part of your claim. Attach invoices, contracts, and a clear calculation.
• Bad math and inconsistent totals. Numbers in your affidavit, exhibits, and proposed judgment must match. Discrepancies cause delays. Recheck interest start dates, rates, and fee totals.
• Poor proof of service. If the service was improper or unclear, the default cannot stand. Make sure your proof shows who was served, where, how, and when. Attach the executed summons or a detailed server affidavit.
• Failing to notify the defendant. Many courts require you to mail your default motion. If you fail to notice, the court may deny relief. File a certificate of service that proves mailing.

What to Do After Filling Out the Form

1. File your papers with the court. Include the affidavit, the Clerk’s entry of default, exhibits, and your proposed judgment. File your certificate of service after you send notice to the defendant.
2. Serve the defendant with your default package. Send by the method required, usually by mail, to the last known address. Keep proof of mailing.
3. Watch for a court order. The court may grant the judgment on the papers, set a hearing, or ask for more support. If a hearing is set, bring your originals and a short outline of your proof.
4. Respond to any court questions fast. If the court requests additional documents, file a concise supplemental affidavit. Add only what is needed to answer the question.
5. If the defendant appears, assess next steps. The defendant may ask to set aside the default. Review their reasons and decide how to respond. Be ready to show prejudice and the strength of your claim.
6. If judgment is entered, serve the judgment. Send a copy to the defendant and any counsel. Calendar the time for any post-judgment motions.
7. Record and enforce the judgment. Consider liens, restraining notices, or other enforcement tools allowed by law. Identify assets and plan your approach.
8. Calculate post-judgment interest. Interest usually accrues from the date of judgment. Keep a current interest log for collection.
9. Seek taxation of costs if allowed. File a bill of costs on time. Attach receipts and support.
10. If you spot an error in the judgment, act quickly. Ask the court to correct clerical errors. For larger issues, evaluate your options and deadlines before filing any request.
11. Keep your file complete. Save the signed judgment, proof of service, and enforcement papers. Track payments and update your ledger.
12. Reassess settlement. Even after judgment, settlement may save time and expense. Consider payment plans or consent orders that protect your client’s rights.
13. Close the loop with your client or team. Provide a final package of the judgment, calculations, and a plan for collection. Note any deadlines for follow-up actions.