Honorable Cathleen D. Parker
Default Judgment Procedure
Judge’s Bench Book
It has come to the court’s attention there is confusion regarding the procedure to obtain a default judgment. Chambers requires parties to follow the “two-step” process when seeking a default judgment as established under Fed. R. Bankr. P. 7055.
Fed. R. Civ. P. 55 is made applicable in adversary proceeding under Fed. R. Bankr. P. 7055. Fed. R. Civ. P 55, governing default judgment requires a two-step process for a party seeking a default judgment. First, the party seeking to obtain a default judgment must notify the court the opposing party failed to plead or otherwise defend. The motion must be accompanied by an affidavit or declaration, requesting the clerk enter default on the docket. Second, following the clerk’s entry of default, the entitled party may apply for default judgment.
Therefore, a motion for a default judgment shall comply with the requirements of Fed. R. Civ. P 55, and the two-step process.