Form Cv 8150-120.02 - Application For Entry Of Default - Maricopa County Justice Courts, Arizona
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INSTRUCTIONS FOR OBTAINING A DEFAULT JUDGMENT
Default Judgment Defined.
If a Plaintiff has filed a lawsuit and the Defendant has not responded within the required time, then the Plaintiff may
request that a default judgment 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.
Time Standards for Serving the Other Side.
If the party is served with a summons and complaint (or with a counterclaim or with a cross-claim) within the State of
Arizona, then they have twenty (20) days after receiving it to file either an answer or a response. If the party is served
outside of the State of Arizona, then they have thirty (30) days to respond. JCRCP Rule 114.
Step One: Application for Entry of Default
Complete, file with the Court, and serve an Application For Entry of Default. The Court form contains the information
required by JCRCP Rule 140(b). It must be provided to everyone else according to the requirements of JCRCP Rule
140(c). After this application is filed with the Court, and after ten (10) judicial days have passed without a response,
then the entry of default becomes effective. However, that is not the same thing as having a default judgment. The
legal effect of an entry of default is that a party in default loses the right to litigate the merits of the claims against them;
however, they may still participate in any proceedings concerning how much, if any, money should be awarded.
Step Two: Request a Default Judgment
Complete, file with the Court, and serve a Request and Affidavit For Entry of Default Judgment along with a proposed
judgment form and supporting documentation. The Court form contains the information required by JCRCP Rule
140(e). Even though the other side has not responded, the party requesting a default judgment must still provide
documents that substantiate the amount claimed (e.g. promissory note, loan agreement, contract, repair estimates,
receipts, etc.). A party who files a proposed default judgment must also provide the Court with stamped
envelopes addressed to each party. JCRCP 140(g). Once a default judgment is final, it has the same legal impact
as if there had been a trial on the merits of the case.
Default Hearings
Most default judgments are granted without a hearing. However, if the other side was served by publication, then a
default hearing will be held. JCRCP 140(j). A default hearing may also be held if the judge has some additional
questions about the case or if it is requested by a party. JCRCP 140(f).
CV 8150-120.01 R: 1/20/15
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