Last updated: 8/15/2022
Application And Affidavit For Default In Family Court Cases {DRD61f}
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Description
251Superior Court of Arizona in Maricopa County Page 1 of 3 DRD61f-010119 ALL RIGHTS RESERVED ADD Person Filing: Address (if not protected): City, State, Zip Code: Telephone: Email Address: ATLAS Number: Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent SUPERIOR COURT OF ARIZONA IN MARICOPA COUNTY Case No. (Name of Petitioner / Party A) APPLICATION and AFFIDAVIT FOR ENTRY of DEFAULT IN FAMILY CASES (Name of Respondent / Party B) NOTICE: THIS IS AN IMPORTANT COURT DOCUMENT. When this document is properly completed and filed, Default has been applied for and entered. The Default will be effective ten (10) court business days after the filing of this completed document, unless the Respondent files an Answer/Response or otherwise defends before the ten court business day period expires. In this case do not count Saturdays, Sundays and court holidays to calculate court business days. I am the Petitioner in this court case. I understand and make the following statements under oath or by affirmation. I give notice that I am requesting entry of default against the other party, the Respondent, because the Respondent has not filed an Answer/Response. 1. Name of other party against whom I seek this default: has failed to respond within the time allowed by the Arizona Rules of Family Law Procedures, and (choose one) the last known mailing address for the Party in default is ; OR I do not know the whereabouts of the Party in default. American LegalNet, Inc. www.FormsWorkFlow.com Case No. 251Superior Court of Arizona in Maricopa County Page 2 of 3 DRD61f-010119 ALL RIGHTS RESERVED ADD 2. The name of the attorney known to represent the Party in default, either in this action or in a related matter, is , (whether or not the attorney has formally appeared) OR I do not know the identity and address of any such attorney. 3. Evidence of Service (this must be true) I attached to this Application a copy of the proof or acceptance of service establishing the date and manner of service on the Party in default. 4. Spousal Maintenance (choose one) Does not apply. I attached a completed Default Information for Spousal Maintenance form to the end of this , since I am asking for spousal maintenance and will proceed by motion without a hearing. 5. SERVICE MEMBERS CIVIL RELIEF ACT: The Party in default is either: (choose one) not in the active military service of the United States OR has 6. CERTIFICATE of MAILING: As required by Arizona Rules of Family Law Procedures Rule 44(a): a. Party in default: (must choose one) I will mail a copy of this Application and affidavit for Default and attachments to the Party in default, at the last known mailing address listed below, on the day I file this Application with the Clerk of Superior Court even if the Party in default is represented by an attorney: (Mailing address, city, state, and zip code) OR I do not know the whereabouts of the Party in default. b. Attorney for Party in default: (must choose one) I will mail a copy of this to the attorney of the Party in default, (whether or not that attorney has formally appeared in the action) on the day I file this Application: (Mailing address, city, state, and zip code) American LegalNet, Inc. www.FormsWorkFlow.com Case No. 251Superior Court of Arizona in Maricopa County Page 3 of 3 DRD61f-010119 ALL RIGHTS RESERVED ADD OR I do not know the identity and address of any such attorney. c. Other parties who have appear in this case (must choose one) I will mail a copy of this to all other parties who have appeared in this action, on the day I file this Application at the Clerk of Superior Court or soon thereafter. (Name and mailing address, city, state, and zip code) OR No other parties have appeared in this action. BY SIGNING BELOW, I swear or affirm that the information above is true and correct Date Signature STATE OF COUNTY OF Subscribed and sworn to or affirmed before me this: by (Date) . ( N otary seal) Deputy Clerk of Superior Court or Notary Public WARNING 1. If the Party in default fails to file a responsive pleading or otherwise defend this action within 10 working days after the filing of this Application, A DEFAULT JUDGMENT MAY BE ENTERED . 2. Petitioner must still attend the default hearing at the court UNLE SS you qualify, apply for and complete the process to obtain a default decree without a hearing pursuant to A.R.F.L.P 44 et seq . 1. 3. A DEFAULT HEARING WILL NOT BE SCHEDULED IF THIS APPLICATION AND AFFIDAVIT FOR ENTRY OF DEFAULT IS MISSING INFORMATION OR NOT COMPLETED CORRECTLY. American LegalNet, Inc. www.FormsWorkFlow.com
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