CV-317 — Motion for Default Judgment

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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 PRIOR DEFAULT ENTRY

Date Default Was Entered by Clerk *

Supporting Affidavit Attached?

Hearing

04 CLAIM AMOUNT

Principal Amount *

Pre-Judgment Interest Rate (%)

Interest Accrual Start Date

Pre-Judgment Interest Amount $

Attorney's Fees $ (if authorized)

Attorney's Fees Basis (if claiming)

Court Costs $

TOTAL JUDGMENT REQUESTED (auto-calculated)

$0.00

05 ADDITIONAL CERTIFICATIONS

Is Plaintiff a Minor or Incompetent Person? *

If yes, a guardian ad litem or special procedure may be required.

Is Defendant in Military Service? (SCRA Check Required) *

Run a free SCRA check at scra.dmdc.osd.mil. If defendant IS in military service, seek legal guidance before proceeding — SCRA protections may apply.

SCRA Certificate / Search Date

06 CERTIFICATE OF SERVICE

Served Upon

Date of Service

Method of Service

Service Address

SELECTED COUNTY

— Select above —

⚠ SCRA REQUIRED

Before filing, run a free military service check at scra.dmdc.osd.mil. If defendant is on active duty, SCRA protections may stay the case. Failure to check can void the judgment.

RUN FREE SCRA CHECK →

SUM CERTAIN VS. PROOF REQUIRED

If your claim is for a sum certain (fixed contract amount, dishonored check), the Clerk can enter judgment without a hearing
If damages must be proven (lost profits, personal injury, unliquidated amounts), you must have a hearing with an evidentiary record
Select "Request Hearing" in Section 03 if your damages require proof

POST-JUDGMENT INTEREST

Judgment accrues interest at 8% per annum from date of judgment until paid (G.S. 24-1)
Once docketed in the county where defendant owns real property, judgment becomes a lien on that property
Judgment is valid and enforceable for 10 years and can be renewed
Keep a certified copy of the final order for enforcement

ATTORNEY'S FEES

Attorney's fees are not awarded automatically — you need a contract provision or statutory authority
G.S. 6-21.2: up to 15% of outstanding balance for notes/obligations
Attach the contractual basis for fees to the motion

STATUTORY REFERENCE

G.S. 1A-1, Rule 55(b)Default judgment

G.S. 24-18% post-judgment interest

G.S. 6-21.2Attorney's fees on notes

50 U.S.C. § 3931SCRA — military service