CV-315 — Application for Entry of Default

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01 ATTORNEY INFORMATION

Attorney Name *

State Bar No. *

Firm / Office Name

Address *

Phone *

Fax

Email *

02 CASE INFORMATION

File No. *

County *

Division

Plaintiff *

Defendant *

03 COMPLAINT & SUMMONS

Date Complaint Filed *

Date Summons Issued *

04 SERVICE INFORMATION

Service Method *

Date Served on Defendant *

Days Elapsed Since Service (auto-calculated)

— Enter service date above —

⚠ FEWER THAN 30 DAYS HAVE ELAPSED — Defendant's response period has not yet expired. Do not file this application until 30 days have passed since service.

05 DEFAULT VERIFICATION

Has Defendant Filed Any Answer, Responsive Pleading, or Otherwise Appeared or Defended? *

Plaintiff's Certification

I, the undersigned attorney for Plaintiff, certify that Defendant has been duly served with the Summons and Complaint in this action, that more than 30 days have elapsed since service, and that Defendant has not answered, pleaded, or otherwise appeared or defended in this action. I am therefore entitled to entry of default pursuant to G.S. 1A-1, Rule 55(a).

06 CERTIFICATE OF SERVICE (THIS APPLICATION)

Served Upon

Date of Service

Method of Service

Service Address / Details

SELECTED COUNTY

— Select above —

WHAT IS ENTRY OF DEFAULT?

Entry of default is the Clerk's official recognition that a defendant failed to respond to a lawsuit within the required time
Default is NOT the same as a default judgment — it merely establishes that the defendant has not responded
After default is entered, you must file a separate Motion for Default Judgment (CV-317) to actually collect
Defendant can move to set aside default for "good cause" even after it is entered

THE 30-DAY RULE

Defendant has 30 days from the date of service to file an Answer or other responsive pleading
For service by publication, the 30-day period runs from the date publication is completed
Do not file this application until 30 days have passed — the Clerk will reject a premature application
If defendant was served outside NC, longer periods may apply — confirm with Rule 12

DEFAULT PROCEDURE SEQUENCE

Step 1: File Complaint & serve Defendant
Step 2: Wait 30 days with no response
Step 3: File this Application (CV-315)
Step 4: Clerk issues Entry of Default (CV-316)
Step 5: File Motion for Default Judgment (CV-317)
Step 6: Obtain Order for Default Judgment (CV-318)

STATUTORY REFERENCE

G.S. 1A-1, Rule 55(a)Entry of default

G.S. 1A-1, Rule 12(a)30-day response period

G.S. 1A-1, Rule 4Service of process

G.S. 1A-1, Rule 55(d)Set aside for good cause

NEED AN ATTORNEY?

This form requires a licensed NC attorney to sign and file
Barker Richardson, PLLC → for civil matters
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