Request To Enter Default {CSD 3030}

CSD 3030 - REQUEST TO ENTER DEFAULT. This form is used in the United States Bankruptcy Court, Southern District of California, for a plaintiff to request the entry of default against a defendant in an adversary proceeding. The form includes a series of checkboxes that the applicant must verify as true. BOX 1 - The defendant named above did not file a motion or an answer to the complaint within 30 days of issuance of the summons pursuant to FRBP 7012. The United States, its offices and agencies, have 35 days to file a motion or answer. BOX 2 - The defendant named in this request is not entitled to the benefits of the Servicemembers Civil Relief Act of 2003. (50 App. U.S.CA. 501 et seq.) BOX 3 - Proof of Service of the Summons and Complaint has been filed with the court pursuant to LBR 9006-2. BOX 4 - Service of Summons and Complaint on defendant was made within 7 days of issuance of the summons pursuant to FRBP 7004(e). BOX 5 - If the defendant is also the debtor, service of Summons and Complaint was made on the attorney for debtor/defendant pursuant to FRBP 7004(g). BOX 6 - Service of Summons and Complaint was made at the defendant's dwelling house, usual place of abode or the place where the defendant regularly conducts business pursuant to FRBP 7004(b). BOX 7 - The defendant is not a minor or incompetent person. If so, he/she must be represented by a general guardian, conservator, or other like fiduciary who has appeared as Fed.R.Civ.P. 55(b) requires. BOX 8 - The declaration or affidavit in support of this Request is filed concurrently as LBR 7055-1(b) requires. BOX 9 - A copy of this Request has been served on the defendant, defendant’s attorney (if any), and interested parties as indicated on the reverse side. The form also includes a certificate of service where the applicant certifies the mode of service and provides details of the parties and documents served. www.FormsWorkflow.com