How to Respond to an Affidavit of Default

Failure to respond to an affidavit of default could result in serious implications.

An affidavit of default is commonly used in civil and family court cases such as divorce, child support and debt cases. When you fail to answer an affidavit for default, the court has the opportunity to hear only one side of the case and is more likely to find in favor of the petitioner. You must file an answer within 30 days to have your side heard and gain the possibility of a legal victory. Consulting a civil court attorney can help you.

Instructions

1. Submit an answer to the affidavit in writing to your local clerk of court. You will have 30 days from the date you are served with court paperwork. Most papers will include a form for you to fill out with your personal information and information pertaining to the case.

2. Consult your attorney for options in stopping a default judgment. For example, if you owe a car payment and have defaulted on payments, a judge may be willing to grant a payment plan to settle the debt.

3. Gather all pertinent information regarding your case. You may wish to submit copies to your attorney. Bills, proof of ownership or other documents will be important when preparing your defense.

4. Attend your scheduled hearing as listed on your court documents. You will be given a time and date for the hearing. At this time you are given the opportunity to present any evidence in your defense.

5. Exercise your rights once a judgment has been made. You may be given the option to appeal undesired decisions by filing with your local clerk of court and scheduling an additional hearing. If the judge finds in your favor, place your final court papers in a safe place should the need for the judgment arise in the future.

References

• Law Access: Responding to an Application to Set Aside Default Judgment
• Judicial Branch of Arizona: What Is a Default Hearing?