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Affidavit For Judgment By Default (Sample And Form) Form. This is a New York form and can be use in District Court Federal.
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Tags: Affidavit For Judgment By Default (Sample And Form), New York Federal, District Court
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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Plaintiff,
- against -
____ Civ. _______ (
)
AFFIDAVIT FOR
JUDGMENT BY DEFAULT
Defendant.
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STATE OF NEW YORK
)
)
COUNTY OF NEW YORK )
ss.:
___________________________________, being duly sworn, deposes and says:
1. I am a member of the Bar of this Court and am associated with the firm of
_________________________________, attorneys for plaintiff in the above-entitled action and I
am familiar with all the facts and circumstances in this action.
2. I make this affidavit pursuant to Rule 55.1 and 55.2(a) of the Civil Rules for the
Southern District of New York, in support of plaintiff's application for the entry of a default
judgment against defendant.
3. This is an action to recover ______________________ owed by defendant to
plaintiff for __________________________________________________.
4. Jurisdiction of the subject matter of this action is based on
jurisdiction.
5. This action was commenced on
(date)
by the filing of the summons
and complaint. A copy of the summons and complaint was served on the defendant on
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(date)
by personal service on
(name)
,
(STATE SPECIFICALLY HOW SERVICE WAS MADE ON DEFENDANT) and proof of
service by the Special Process Server was filed. The defendant has not answered the complaint
and the time for the defendant to answer the complaint has expired.
6. This action seeks judgment for the liquidated amount of $___________, plus
interest at ________% from
(date)
, for a total as of
(date)
of
$___________, as shown by the annexed Statement, which is justly due and owing, and no part
of which has been paid except as therein set forth.
7. The disbursements sought to be taxed have been made in this action or will
necessarily be made herein.
WHEREFORE, plaintiff requests the entry of Default and the entry of the annexed
Judgment against defendant.
Dated: New York, New York
(date)
______________________________________
(Attorney's name)
Sworn to before me this _____
day of _____________, ________.
_____________________________
Notary Public
IF DEFENDANT IS AN INDIVIDUAL, ATTORNEY'S AFFIDAVIT MUST CONTAIN A
STATEMENT THAT HE OR SHE IS NOT A MINOR, MENTALLY INCOMPETENT NOR
IN THE MILITARY SERVICE OF THE UNITED STATES.
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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Plaintiff,
____ Civ. _______ (
)
AFFIDAVIT FOR
JUDGMENT BY DEFAULT
- against -
Defendant.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
STATE OF NEW YORK
)
)
COUNTY OF NEW YORK )
ss.:
___________________________________, being duly sworn, deposes and says:
1. I am a member of the Bar of this Court,
and am associated with the firm of
_________________________________, attorney(s) for plaintiffs
in the above-entitled action,
and I am familiar with all the facts and circumstances in this action.
2. I make this affidavit pursuant to Rule 55.1 and 55.2(a) of the Civil Rules for the
Southern District of New York, in support of plaintiff's application for the entry of a default
judgment against defendant.
3. This is an action to recover ______________________ owed by defendant to
plaintiffs
for __________________________________________________.
4. Jurisdiction of the subject matter of this action is based on
jurisdiction.
5. This action was commenced on
by the filing of the summons
and complaint. A copy of the summons and complaint was served on the defendants on
by personal service on
,
____________________________________________________________________, and proof of
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service by the Special Process Server was filed. The defendants have not answered the complaint
and the time for the defendants on answer the complaint has expired.
to
6. This action seeks judgment for the liquidated amount of $___________, plus
interest at ________% from
, for a total as of
of
$___________, as shown by the annexed Statement, which is justly due and owing, and no part
of which has been paid except as therein set forth.
7. The disbursements sought to be taxed have been made in this action or will
necessarily be made herein.
* 8.
WHEREFORE, plaintiff requests
the entry of Default and the entry of the annexed
Judgment against defendant.
Dated: New York, New York
______________________________________
Sworn to before me this _____
day of _____________, ________.
_____________________________
Notary Public
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* If defendant is an individual
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