Affidavit In Support Of Application For Entry Of Fact Of Default Page 4
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107.
The time to answer, plead or otherwise defend expired on _________________, 2_____,
said date being _____ days after issuance of the Summons.
8.
Defendant has not appeared in this action and the time to appear has expired.
OR
Defendant has appeared but has not answered or otherwise defended; Defendant’s
appearance is more fully described as follows:___________________________
________________________________________________________________.
9.
Defendant is not an infant or incompetent person.
10.
Pursuant to 50 U.S.C. Appx. § 521, I have made an investigation to ascertain whether
Defendant is in the military service of the United States. The results of my investigation are
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as follows
:_______________________________________________________________
________________________________________________________________________
________________________________________________________________________.
From the foregoing facts, I am convinced that Defendant is not in the military service of the
United States, as defined by 50 U.S.C. Appx. § 521 [Suggested Form D-101, “Affidavit of
Non-Military Service,” is attached.]
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11.
The Defendant is not the Debtor
.
12.
Plaintiff hereby requests that the Clerk of Court enter the Fact of Default of Defendant,
pursuant to Bankruptcy Rule 7055(a).
Dated:_________________
____________________________________
By: Attorney for Plaintiff or Plaintiff pro se
Sworn to before me
this ______ day of _________________,2_____.
_______________________________________
Notary
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To properly complete the "Affidavit of Non-Military Service" required to be submitted in connection with
a request for judgment by default, the requesting party is strongly encouraged to verify military status through the
Defense Manpower Data Center ["DMDC"] Military Verification Service. The DMDC has a 24-hour website, and
verification of military status can be printed from the website in a form document that contains the Department of
Defense seal and the signature of the Director of the DMDC. A password to the DMDC website can be obtained by
making a request on company letter to: DMDC, Military Verification, 1600 Wilson Blvd., Suite 400, Alexandria,
VA 22209 or fax to 703-696-4156.
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If the Defendant is the Debtor, Judgment by Default must be sought by Notice of Motion and Motion,
pursuant to Bankruptcy Rule 9014. See, In Re Emmerling, 223 B.R. 860 (B.A.P. 2d Cir. N.Y. 1997).
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