Helpful tips

Where to get a default judgment in Arizona?

Where to get a default judgment in Arizona?

Navigate to the Maricopa County Superior Court website and download the document titled “Cover Sheet – Default Judgment Packets.” Alternatively, you can acquire this document at self-service centers located in both Phoenix and Mesa Superior Court locations.

How to ask a judge to set aside a default judgment?

To ask the judge to set aside your default judgment, you must file a “motion” (a formal written request) with the court. The Self-Help Center has a form Motion to Set Aside Default Judgment that is available for free at the center or can be downloaded on your computer. JUSTICE COURT MOTION TO SET ASIDE DEFAULT JUDGMENT

How to file a default judgment in Superior Court?

Should the default judgment be entered by the Superior Court, it shall include an award of the attorney’s fees — up to an amount deemed reasonable by the court — if supported by the affidavit in the default judgment packet. File your completed default judgment packet with the Clerk of the Superior Court.

Can a licensed attorney certify a default judgment?

A licensed attorney must certify by signature that the default judgment packet is complete. Should the default judgment be entered by the Superior Court, it shall include an award of the attorney’s fees — up to an amount deemed reasonable by the court — if supported by the affidavit in the default judgment packet.

How is a default judgment filed in Arizona?

Form of default judgment. A default judgment may be prepared by the court or it may be prepared by a party and submitted to the court for signature. A party may submit a proposed default judgment at the time a request for entry of a default judgment without a hearing is filed, or at the time of a default hearing.

When does a default judgment need to be entered?

A default judgment can be entered against any party who was served a complaint, counterclaim, cross-claim, or third-party complaint if that party either did not file an answer or file any type of response with the Court within the time allowed by the rules. Obtaining a default judgment is a two step process. JCRCP Rule 140.

How does entry of default work in Arizona?

The party who files an application for entry of default with the court must serve a copy of the application on the party claimed to be in default, as follows: (1) If the address of the party claimed to be in default is known, the application must be mailed to that address.

When to apply for default in a lawsuit?

If the opposing party (or parties) in your case does not answer the claim or (if applicable) counterclaim within the time allowed, you may apply for default. If they fail to answer within TEN (10) working days of the filing of the application, the default will take effect and a default judgment may be entered against them.