Default Judgment Toolkit: Entry Requests, Damages Declarations, and Motions to Vacate

Summary. This toolkit collects fourteen working templates for federal default practice, for plaintiffs seeking a default judgment and defendants trying to undo one. Plaintiff templates cover a pre-default notice letter, the request for entry of default and its declaration, the non-military status declaration, the clerk's-judgment affidavit of sum certain, a Rule 55(b)(2) motion outline, a business-witness damages declaration, a fee and cost declaration, and a proposed judgment. Defendant templates cover motions to set aside an entry of default under Rule 55(c) and to vacate a default judgment under Rule 60(b)(1), (4), and (6), with circumstances and meritorious-defense declarations. Shared templates include a stipulation to set aside the default with a proposed order, an opposition outline, and a deadline tracker. Each template states its purpose, owner, and timing, uses bracketed placeholders, and closes with drafting commentary tied to the governing rules and cases, all illustrated by one running fictional case.

Default papers are short, and that is the trap. A two-page request for entry of default looks like a form, and lawyers fill it in like one. But every sentence in these papers is a factual representation to a court that will not hear the other side, and every gap is something a defendant can use later to unwind the judgment. This toolkit gives each paper a structure that answers the questions a careful judge (or a later motion to vacate) will ask.

How to use this toolkit

Each template states its Purpose, its Owner (who drafts and signs it), and When to use it, then gives the template with [BRACKETED PLACEHOLDERS] and a short drafting commentary tied to authority. Adapt captions, signature blocks, and formatting to the district's local rules, and check the assigned judge's standing orders, which often prescribe default procedures.

Running example. Cobalt Trail Outdoor Gear, Inc., a Utah maker of camping stoves and cookware, sues its former Pennsylvania distributor, Wexford Supply Co., LLC, and Wexford's owner, Daniel Wexford, who personally guaranteed Wexford Supply's account, in the Eastern District of Pennsylvania. The complaint (diversity jurisdiction) demands $212,480 in unpaid invoices, contractual interest at 1.5% per month, and attorney's fees under the credit agreement. Wexford Supply was served through its registered agent on [DATE]. Daniel Wexford was served by abode service at a house in Doylestown. Neither answers. The plaintiff templates follow Cobalt Trail's lawyer; the defendant templates follow the lawyer Wexford Supply and Daniel Wexford hire when their bank account is frozen. Wexford Supply's default turns out to be a registered-agent forwarding failure; Daniel Wexford's turns out to be service at a house he had sold four months earlier.

The doctrine is explained in Default and Default Judgment in Federal Court: Rules 55 and 60 and the Cost of Ignoring a Lawsuit; the step-by-step narrative for each side is in Obtaining or Setting Aside a Default Judgment: A Practical Guide; and the task order is in the Default Judgment Checklist: A Practical Checklist.

Template 1: Pre-default notice letter

Purpose: warn the defendant that the response date has passed and fix a date on which the plaintiff will request default. Owner: plaintiff's counsel. When to use: within a few days after the response date, before requesting entry of default.

[DATE]

By email ([ADDRESS]) and first-class mail

[DEFENDANT OR DEFENSE COUNSEL]
[ADDRESS]

Re: [PLAINTIFF] v. [DEFENDANT], No. [CASE NUMBER] ([COURT])

Dear [NAME]:

[DEFENDANT] was served with the summons and complaint in this action on [DATE
OF SERVICE] by [METHOD] (proof of service filed at ECF No. [__]). Under Federal
Rule of Civil Procedure 12(a)(1)(A)(i), [DEFENDANT]'s answer or motion under
Rule 12 was due on [RESPONSE DATE]. Nothing has been filed or served, and no
extension has been requested or granted.

Unless [DEFENDANT] files a response or contacts me by [DATE, 5 TO 7 DAYS OUT],
[PLAINTIFF] will request that the Clerk enter [DEFENDANT]'s default under
Rule 55(a) and will then seek a default judgment for the relief demanded in the
complaint, including [AMOUNT], interest, fees, and costs.

If [DEFENDANT] has retained counsel, please forward this letter to that lawyer.
[PLAINTIFF] will consider a short extension in exchange for a firm filing date,
confirmed by stipulation filed with the Court.

Sincerely,
[NAME], counsel for [PLAINTIFF]

Drafting commentary. Rule 55(a) does not require notice to a party that has not appeared, and Rule 5(a)(2) excuses service of most later papers on such a party. The letter exists to protect the judgment. A defendant who received it cannot credibly claim surprise, and its explanation for the default must then account for ignoring a specific warning, which weighs against it under the culpability factor of tests such as Hritz v. Woma Corp., 732 F.2d 1178 (3d Cir. 1984). Keep the extension offer tied to a filed stipulation; an informal extension that the defendant later relies on can itself become grounds for relief. In the running example, Cobalt Trail sends the letter to Wexford Supply's registered agent, to Daniel Wexford at the Doylestown address, and to the email address on the credit application. The email bounces, a fact Cobalt Trail's lawyer records in the file and, as the later templates show, should not have ignored.

Template 2: Request for entry of default and supporting declaration

Purpose: obtain the clerk's entry of default under Fed. R. Civ. P. 55(a). Owner: plaintiff's counsel (declarant). When to use: after the date in Template 1 passes with no response.

[CAPTION]

PLAINTIFF'S REQUEST FOR ENTRY OF DEFAULT AGAINST [DEFENDANT]

Plaintiff [NAME] requests that the Clerk enter the default of defendant
[DEFENDANT] under Federal Rule of Civil Procedure 55(a). [DEFENDANT] has failed
to plead or otherwise defend, as shown by the attached declaration.

DECLARATION OF [COUNSEL NAME] IN SUPPORT OF REQUEST FOR ENTRY OF DEFAULT

I, [NAME], declare:

1. I am an attorney admitted to practice before this Court and counsel for
   plaintiff [NAME]. I have personal knowledge of the facts stated here.
2. Plaintiff filed the complaint on [DATE] (ECF No. 1).
3. [DEFENDANT] was served with the summons and complaint on [DATE] by
   [METHOD: e.g., personal delivery to its registered agent, [NAME], at
   [ADDRESS]], as shown by the proof of service filed at ECF No. [__].
4. Under Fed. R. Civ. P. 12(a)(1)(A)(i), [DEFENDANT]'s response was due on
   [DATE]. [IF WAIVER: Defendant returned a waiver of service; the request was
   sent on [DATE], and under Rules 4(d)(3) and 12(a)(1)(A)(ii) the response was
   due on [DATE].]
5. No answer, motion under Rule 12, or other response has been filed or served.
   No extension of time was requested, stipulated, or ordered. [OR: The
   stipulated extension (ECF No. [__]) expired on [DATE].]
6. On [DATE], I sent the letter attached as Exhibit A to [DEFENDANT] at
   [ADDRESSES], stating that plaintiff would request entry of default after
   [DATE]. I have received no response. [STATE ANY BOUNCED EMAIL OR RETURNED MAIL.]
7. [DEFENDANT] is [a limited liability company / a corporation / an individual
   who, on information obtained as described in the accompanying non-military
   declaration, is not a minor or incompetent person].

I declare under penalty of perjury that the foregoing is true and correct.
Executed on [DATE] at [CITY, STATE].

[SIGNATURE]

Drafting commentary. The declaration is the "affidavit or otherwise" that Rule 55(a) requires, and a declaration under 28 U.S.C. § 1746 suffices. Paragraph 3 matters most. Describe the method precisely enough that a reader can match it to a subsection of Fed. R. Civ. P. 4; if a defendant later attacks service, this paragraph is the first thing the court reads. Paragraph 6 should disclose returned mail and bounced email. Disclosure costs nothing now and avoids a later Rule 60(b)(3) argument that the plaintiff concealed signs that notice was not getting through. Calculate the date in paragraph 4 under Fed. R. Civ. P. 6(a). In the running example, Cobalt Trail files separate requests for each defendant, and the clerk enters both defaults.

Template 3: Declaration of non-military status

Purpose: satisfy the affidavit requirement of the Servicemembers Civil Relief Act, 50 U.S.C. § 3931(b)(1). Owner: plaintiff's counsel or a paralegal who ran the search (declarant). When to use: for each individual defendant, with the request for default judgment; run the search within 30 days before filing.

[CAPTION]

DECLARATION OF [NAME] REGARDING DEFENDANT'S MILITARY STATUS
(50 U.S.C. § 3931(b)(1))

I, [NAME], declare:

1. I am [an attorney / a paralegal] at [FIRM], counsel for plaintiff. I have
   personal knowledge of the facts stated here.
2. On [DATE], I searched the Department of Defense Manpower Data Center (DMDC)
   Servicemembers Civil Relief Act website for defendant [FULL NAME], using
   [date of birth [DATE] / Social Security number ending [XXXX]], obtained from
   [SOURCE, e.g., the defendant's signed credit application].
3. The DMDC status report, attached as Exhibit A, states that [DEFENDANT] [shows
   no active duty status on the search date, no active duty status during the
   look-back period the report covers, and no notice of future call-up /
   reports the following status: [STATUS]].
4. [ADDITIONAL FACTS: e.g., Defendant's LinkedIn profile, current employer,
   and public filings indicate civilian employment as [ROLE] at [EMPLOYER] as of
   [DATE].]
5. Based on the foregoing, [DEFENDANT] is not in military service as defined in
   50 U.S.C. § 3911. [OR: Plaintiff is unable to determine whether defendant is
   in military service because [REASON], despite the following efforts: [LIST].]

[FOR ENTITY DEFENDANTS, REPLACE 2-5 WITH:]
2. Defendant [NAME] is a [limited liability company / corporation] organized
   under the laws of [STATE]. It is not an individual and cannot be in military
   service. The Act's affidavit requirement does not apply to it.

I declare under penalty of perjury that the foregoing is true and correct.
Executed on [DATE] at [CITY, STATE].

[SIGNATURE]

Drafting commentary. Section 3931(b)(1) requires an affidavit "stating whether or not the defendant is in military service and showing necessary facts to support the affidavit," or stating that the plaintiff is unable to determine status. A declaration under penalty of perjury satisfies the requirement. Two failure modes recur: a search without a date of birth or Social Security number, which tells the court little for a common name, and a search run months before the motion. If the search shows service, the court must appoint counsel before judgment and may be required to stay the case for at least 90 days; a judgment entered without those protections can be reopened under § 3931(g). A knowingly false affidavit is a federal crime. In the running example, Cobalt Trail's paralegal runs Daniel Wexford's search with his date of birth from the guaranty and attaches the "not on active duty" report; Wexford Supply gets the entity version. SCRA protections more broadly are covered in the Military Legal Toolkit: UCMJ Defense, SCRA Protections, and USERRA Claims.

Template 4: Request for clerk's judgment and affidavit of sum certain

Purpose: obtain a judgment from the clerk under Rule 55(b)(1). Owner: plaintiff's counsel; affiant is the plaintiff's records custodian. When to use: only when every Rule 55(b)(1) element is met and the local rules permit clerk's judgments.

[CAPTION]

REQUEST FOR ENTRY OF DEFAULT JUDGMENT BY THE CLERK
(Fed. R. Civ. P. 55(b)(1))

Plaintiff requests that the Clerk enter judgment against defendant [NAME], whose
default was entered on [DATE] (ECF No. [__]) for failure to appear, in the sum
certain of $[AMOUNT], plus costs of $[AMOUNT], as shown in the attached
affidavit, non-military declaration (ECF No. [__]), and bill of costs.

AFFIDAVIT OF [NAME] AS TO AMOUNT DUE

1. I am the [TITLE] of plaintiff and a custodian of its accounts receivable
   records, which are made at or near the time of each transaction by persons
   with knowledge and kept in the regular course of plaintiff's business.
2. Defendant executed the [NOTE / AGREEMENT] attached as Exhibit 1, which
   obligates defendant to pay [TERMS].
3. The principal balance due is $[AMOUNT], computed as follows:
   [TABLE: invoice or installment number, date, amount, payments, credits,
   balance].
4. [IF INTEREST IS CERTAIN: Exhibit 1, section [__], fixes interest at [RATE]
   per [PERIOD]. Interest from [DATE] through [DATE] is $[AMOUNT], at a per diem
   of $[AMOUNT].]
5. No part of this amount has been paid, and defendant is entitled to no
   further credits or setoffs.
6. Defendant is not a minor or an incompetent person.

[JURAT OR § 1746 DECLARATION]

Drafting commentary. Rule 55(b)(1) applies only to a claim "for a sum certain or a sum that can be made certain by computation," against a defendant "defaulted for not appearing" who "is neither a minor nor an incompetent person," supported by "an affidavit showing the amount due." Courts read "sum certain" narrowly: no doubt as to the amount once liability is established. Leave out attorney's fees that require a reasonableness finding, interest at a rate the documents do not fix, and anything else that requires judgment; ask the court for those under Rule 55(b)(2). A judgment entered by the clerk outside Rule 55(b)(1) invites vacatur. Costs are limited to items taxable under 28 U.S.C. § 1920. In the running example, Cobalt Trail's local rules send all default judgments to the assigned judge, and it wants fees in any event, so it skips this template and uses Template 5. Nothing in its papers reveals the Doylestown problem except the bounced email disclosed in Template 2, and the judge eventually enters judgment against both defendants.

Template 5: Rule 55(b)(2) motion and memorandum outline

Purpose: obtain a court judgment that will survive later attack. Owner: plaintiff's counsel. When to use: after entry of default, when Rule 55(b)(1) is unavailable or the plaintiff wants fees, interest requiring judgment, or an injunction.

[CAPTION]

PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AGAINST [DEFENDANTS]
(Fed. R. Civ. P. 55(b)(2))

Plaintiff moves for entry of default judgment against [DEFENDANTS] in the amount
of $[TOTAL], consisting of [PRINCIPAL], [PREJUDGMENT INTEREST THROUGH DATE],
[FEES], and [COSTS], [and a permanent injunction], as set out in the proposed
judgment. The motion is supported by the memorandum below, the declarations of
[DAMAGES WITNESS] (Template 6), [COUNSEL] (Template 7), and [SCRA DECLARANT]
(Template 3), and the record.

MEMORANDUM

I.   Procedural history
     A. Complaint filed [DATE]; claims and relief demanded (quote the prayer).
     B. Service on each defendant: date, method, rule, ECF cite.
     C. Response dates; no response; Template 1 notice; entry of default [DATE].
     D. Whether any defendant appeared (if so, 7-day notice under 55(b)(2)).

II.  Jurisdiction
     A. Subject matter: [28 U.S.C. § 1332: citizenship of each party, LLC
        members' citizenship, amount in controversy] / [§ 1331: federal claim].
     B. Personal jurisdiction: [forum contacts / consent / general
        jurisdiction], with record citations.
     C. Venue: [28 U.S.C. § 1391 basis or forum clause].

III. Protected-party showings
     A. SCRA declaration for each individual; entity statement for entities.
     B. No defendant is a minor or incompetent person.
     C. [If applicable: Rule 55(d) or 28 U.S.C. § 1608(e) evidentiary showing.]

IV.  Default judgment is warranted under the circuit's factors
     [Third Circuit: prejudice to plaintiff if denied; whether defendant appears
     to have a litigable defense; whether delay is due to culpable conduct.
     Ninth Circuit: seven Eitel factors. Other circuits: their tests.]

V.   The well-pleaded allegations establish liability
     For each claim: elements; complaint paragraphs alleging facts for each;
     why the facts are plausible, not conclusory.
     Count I (breach of contract against [ENTITY]): [ELEMENTS ¶¶ __].
     Count II (breach of guaranty against [INDIVIDUAL]): [ELEMENTS ¶¶ __].

VI.  The relief requested is proved and within the complaint's demand
     A. Principal (Template 6, ¶¶ __; Compl. Prayer ¶ __).
     B. Prejudgment interest: rate, source, computation, per diem.
     C. Attorney's fees: basis, lodestar (Template 7).
     D. Costs (bill of costs).
     E. [Injunction: eBay factors; § 1116(a) presumption if Lanham Act; terms.]
     F. Post-judgment interest under 28 U.S.C. § 1961.
     G. Rule 54(c): each item was demanded in the complaint (table).

VII. Multiple defendants
     [Joint and several liability; no co-defendant defending; or why Frow does
     not counsel deferral; Rule 54(b) request if judgment is against fewer than
     all parties.]

VIII. Conclusion and proposed judgment (Template 8).

CERTIFICATE OF SERVICE (mail and email to each defendant's known addresses).

Drafting commentary. The motion is built around three propositions. First, the court has power: subject-matter jurisdiction, personal jurisdiction, and valid service, which some circuits require the court to check before entering judgment, as in In re Tuli, 172 F.3d 707 (9th Cir. 1999). Second, the well-pleaded facts establish liability; a default does not admit conclusions of law, under Nishimatsu Construction Co. v. Houston National Bank, 515 F.2d 1200 (5th Cir. 1975), and the court must decide whether the facts state a claim, as the Second Circuit explained in City of New York v. Mickalis Pawn Shop, LLC, 645 F.3d 114 (2d Cir. 2011). Third, the relief is proved and demanded: damages are not admitted, under Credit Lyonnais Securities (USA), Inc. v. Alcantara, 183 F.3d 151 (2d Cir. 1999), and the judgment cannot exceed the demand under Fed. R. Civ. P. 54(c). The table in Section VI.G, matching each item of relief to the prayer, is the single most persuasive page in most default motions.

For Section IV, use the circuit's own words. In the Ninth Circuit, address all seven factors from Eitel v. McCool, 782 F.2d 1470 (9th Cir. 1986). In circuits without a dedicated default-judgment test, courts often borrow the set-aside factors and ask whether the defendant appears to have a defense and whether the default was culpable. In Section VII, if a co-defendant is defending a theory common to all, explain how the requested judgment avoids the inconsistency that Frow v. De La Vega, 82 U.S. 552 (1872) forbids, or ask the court to enter the default and defer judgment. If the complaint is thin, amend first; the mechanics are in Moving for or Opposing Leave to Amend a Pleading: A Practical Guide. In the running example, Section II establishes diversity by pleading Wexford Supply's sole member, Daniel Wexford, as a Pennsylvania citizen, and Section V ties the guaranty's elements to paragraphs 18 to 24 of the complaint.

Template 6: Business-witness damages declaration

Purpose: prove the amount of damages with admissible evidence. Owner: the plaintiff's employee with personal knowledge (controller, credit manager, account manager), prepared with counsel. When to use: with Template 5.

[CAPTION]

DECLARATION OF [NAME] IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT

I, [NAME], declare:

Background
1. I am the [TITLE] of plaintiff [NAME]. I have held that position since [YEAR].
   My responsibilities include [maintaining customer accounts, invoicing,
   collections]. I have personal knowledge of the facts stated here or have
   learned them from plaintiff's business records described below.

The records
2. Plaintiff maintains its customer account records in [SYSTEM]. Entries are
   made at or near the time of each sale, shipment, invoice, and payment by
   employees with knowledge of those events, as a regular practice of
   plaintiff's business, and the records are kept in the course of that
   regularly conducted activity.
3. Exhibit A is a true copy of the [AGREEMENT / CREDIT APPLICATION / GUARANTY].
   Exhibit B contains true copies of invoices [NUMBERS]. Exhibit C is the
   account ledger for [DEFENDANT] from [DATE] to [DATE].

The computation
4. Between [DATE] and [DATE], plaintiff shipped [GOODS] to [DEFENDANT] and
   issued the invoices in Exhibit B, totaling $[AMOUNT].
5. [DEFENDANT] paid $[AMOUNT] on [DATES] and received credits of $[AMOUNT] for
   [RETURNS / ALLOWANCES]. The unpaid balance is $[AMOUNT].
6. Section [__] of Exhibit A provides for interest at [RATE] per [PERIOD] on
   past-due balances. Exhibit D computes interest on each invoice from its due
   date through [DATE], totaling $[AMOUNT], and accruing at $[AMOUNT] per day
   thereafter.
7. Exhibit E is a summary chart of Exhibits B and C. The underlying records are
   available for inspection.

Demands and absence of dispute
8. On [DATES], plaintiff sent the demands attached as Exhibit F. [DEFENDANT]
   [did not respond / responded as follows: [QUOTE]]. [DISCLOSE ANY DISPUTE
   RAISED.]

I declare under penalty of perjury under the laws of the United States that the
foregoing is true and correct. Executed on [DATE] at [CITY, STATE].

[SIGNATURE]

Drafting commentary. Paragraph 2 lays the foundation for the business-records exception in Fed. R. Evid. 803(6), and paragraph 7 the summary-chart foundation under Fed. R. Evid. 1006. Courts may award damages without a hearing when the amount is "capable of ascertainment from definite figures contained in the documentary evidence or in detailed affidavits," Dundee Cement Co. v. Howard Pipe & Concrete Products, Inc., 722 F.2d 1319 (7th Cir. 1983), and the Second Circuit agreed in Transatlantic Marine Claims Agency, Inc. v. Ace Shipping Corp., 109 F.3d 105 (2d Cir. 1997). This declaration is what makes the papers "detailed." Paragraph 8's disclosure of any dispute the defendant raised before suit is a judgment call; disclosing it is usually wiser, because the defendant will raise it in any motion to vacate, and the plaintiff's credibility is worth more than the omission. In the running example, Cobalt Trail's credit manager discloses that Wexford Supply complained in writing about a shipment of stoves with defective regulators, and that Cobalt Trail issued a $6,300 credit for it.

Template 7: Attorney's fee and cost declaration

Purpose: support an award of fees and costs. Owner: plaintiff's lead counsel. When to use: with Template 5, when a contract or statute shifts fees.

[CAPTION]

DECLARATION OF [COUNSEL] IN SUPPORT OF AWARD OF ATTORNEY'S FEES AND COSTS

1. I am a [partner] at [FIRM] and lead counsel for plaintiff. I have personal
   knowledge of the facts stated here.
2. Basis for fees. Section [__] of the [AGREEMENT/GUARANTY] (Exhibit A to the
   [WITNESS] Declaration) provides that [QUOTE FEE CLAUSE]. [OR: STATUTE.]
3. Timekeepers and rates. [TABLE: name; role; years of practice; hourly rate;
   hours]. These rates are [the firm's standard rates charged to and paid by
   clients / consistent with rates for comparable work in this district, as
   shown by [SOURCE]].
4. Time records. Exhibit 1 contains contemporaneous time records for this
   matter, with privileged content redacted. Entries are task-specific. I have
   excluded [__] hours for [duplicative work / work on claims against other
   parties / clerical tasks].
5. Lodestar. [HOURS] x [RATES] = $[AMOUNT].
6. Costs. Exhibit 2 is the bill of costs, including the filing fee ($[__]) and
   service fees ($[__]). [List non-taxable costs separately if the contract
   allows them.]
7. [If statute requires: why this case meets the standard for fees.]

[§ 1746 DECLARATION AND SIGNATURE]

Drafting commentary. The lodestar (reasonable hours times a reasonable rate) is the starting point for fee awards, under Hensley v. Eckerhart, 461 U.S. 424 (1983) and Perdue v. Kenny A., 559 U.S. 542 (2010). Contractual fee clauses are governed by state law in diversity cases, but courts commonly apply similar reasonableness review. For Lanham Act fees under 15 U.S.C. § 1117(a), address the exceptional-case standard; courts frequently find willful infringement established by default, but the finding is the court's. Taxable costs are limited by 28 U.S.C. § 1920. Judges reviewing unopposed fee requests cut block-billed entries, clerical tasks billed at lawyer rates, and time spent on co-defendants who are not subject to the judgment. Make those cuts yourself and say so in paragraph 4.

Template 8: Proposed default judgment

Purpose: give the court an enforceable judgment to sign. Owner: plaintiff's counsel. When to use: lodged with Template 5.

[CAPTION]

DEFAULT JUDGMENT

The Court, having considered plaintiff's motion for default judgment (ECF No.
[__]), the supporting declarations, and the record, and having found that it has
subject-matter jurisdiction and personal jurisdiction over defendants, that
defendants were properly served, that defendants' defaults were entered on
[DATE], that no defendant is a minor, an incompetent person, or in military
service, and that the relief below was demanded in the complaint and is
supported by the evidence, ORDERS AND ADJUDGES:

1. Judgment is entered in favor of plaintiff [NAME] and against defendants
   [ENTITY] and [INDIVIDUAL], jointly and severally, in the amount of
   $[TOTAL], consisting of:
   a. principal of $[AMOUNT];
   b. prejudgment interest through [DATE] of $[AMOUNT];
   c. attorney's fees of $[AMOUNT]; and
   d. costs of $[AMOUNT].
2. Post-judgment interest shall accrue on the total from the date of entry at
   the rate provided by 28 U.S.C. § 1961.
3. [INJUNCTION: Defendants [NAMES], their officers, agents, servants,
   employees, and attorneys, and other persons in active concert or
   participation with any of them who receive actual notice of this judgment,
   are permanently enjoined from: [SPECIFIC ACTS, described without reference
   to the complaint].]
4. [IF FEWER THAN ALL PARTIES: The Court expressly determines under Rule 54(b)
   that there is no just reason for delay.]
5. The Clerk shall close the case [as to these defendants].

Dated: [DATE]                           ______________________________
                                        United States District Judge

Drafting commentary. The judgment must be set out in a separate document under Fed. R. Civ. P. 58. State every amount as a number so that a bank or levying officer can act on it without reading the motion. Paragraph 3 tracks the persons-bound language of Fed. R. Civ. P. 65(d)(2); describe the forbidden acts specifically, because Mickalis vacated default injunctions that did not. The recitals are not decoration: findings on jurisdiction, service, and protected status give the judgment a record that a later motion to vacate must overcome. Post-judgment interest runs under 28 U.S.C. § 1961. In the running example, the court signs Cobalt Trail's proposed judgment for $241,915 (principal less the disclosed credit, interest, fees, and costs). Thirty-four days later, Cobalt Trail serves a garnishment on Wexford Supply's bank, and the defendant templates begin.

Template 9: Motion to set aside entry of default (Rule 55(c))

Purpose: set aside an entry of default before judgment. Owner: defense counsel. When to use: as soon as possible after learning of an entry of default, and before the court rules on any default judgment motion.

[CAPTION]

DEFENDANT [NAME]'S MOTION TO SET ASIDE ENTRY OF DEFAULT
(Fed. R. Civ. P. 55(c))

Defendant moves to set aside the Clerk's entry of default (ECF No. [__]) for
good cause and for leave to file the proposed answer attached as Exhibit 1
within [7] days of the Court's order. [IF PENDING: Defendant also asks the Court
to deny plaintiff's motion for default judgment (ECF No. [__]) as moot.]

MEMORANDUM

I.   Introduction (one paragraph: what happened, how fast defendant acted, the
     defense, the conditions offered).

II.  Facts
     A. Service and receipt of the papers ([DECLARANT] Decl. ¶¶ __).
     B. Why no response was filed (Decl. ¶¶ __; Exs. __).
     C. When defendant learned of the default and what it did next, with dates.
     D. Meet-and-confer with plaintiff's counsel on [DATE].

III. Legal standard
     Rule 55(c): "good cause." Circuit factors: [e.g., (1) whether plaintiff will
     be prejudiced; (2) whether defendant has a meritorious defense; (3) whether
     the default resulted from defendant's culpable conduct]. Defaults are
     disfavored; doubts are resolved in favor of the movant; the standard is
     more lenient than under Rule 60(b).

IV.  Argument
     A. The default was not willful or culpable.
     B. Defendant has a meritorious defense (Meritorious-Defense Decl. ¶¶ __;
        proposed answer).
     C. Plaintiff will not be prejudiced (no lost evidence, witnesses, or
        assets; delay and litigation cost are not prejudice).
     D. Defendant acted promptly.
     E. Any concern can be addressed by conditions: [payment of plaintiff's
        reasonable fees for the default proceedings, capped at $[__]; answer
        within [7] days].

V.   Conclusion and proposed order.

Drafting commentary. Courts describe the Rule 55(c) standard as more lenient than Rule 60(b), as the Seventh Circuit did in Cracco v. Vitran Express, Inc., 559 F.3d 625 (7th Cir. 2009), and the Second Circuit in Enron Oil Corp. v. Diakuhara, 10 F.3d 90 (2d Cir. 1993) reversed a refusal to set aside a default, calling such measures a last resort. Quote your own circuit's leading formulation: in the Third Circuit, Hritz v. Woma Corp., 732 F.2d 1178 (3d Cir. 1984); in the Fourth, Payne ex rel. Estate of Calzada v. Brake, 439 F.3d 198 (4th Cir. 2006); in the Fifth, Lacy v. Sitel Corp., 227 F.3d 290 (5th Cir. 2000); in the Eighth, Johnson v. Dayton Electric Manufacturing Co., 140 F.3d 781 (8th Cir. 1998); in the Ninth, TCI Group Life Insurance Plan v. Knoebber, 244 F.3d 691 (9th Cir. 2001); in the Eleventh, Compania Interamericana Export-Import, S.A. v. Compania Dominicana de Aviacion, 88 F.3d 948 (11th Cir. 1996). The offer of conditions in Section IV.E often decides a close motion, because it answers the plaintiff's best argument (that it spent money obtaining a default the defendant caused). If personal jurisdiction or service is contested, raise it here and in the proposed response, or risk waiver under Fed. R. Civ. P. 12(h)(1). Had Wexford Supply's lawyer been retained before judgment in the running example, this is the motion she would have filed, and it would very likely have been granted.

Template 10: Motion to vacate default judgment (Rule 60(b)(1), (4), (6))

Purpose: vacate a final default judgment. Owner: defense counsel. When to use: after a final default judgment; within 28 days if possible (to toll the appeal period), and in any event promptly and within one year for grounds (1) to (3).

[CAPTION]

DEFENDANTS' MOTION TO VACATE DEFAULT JUDGMENT AND FOR STAY OF ENFORCEMENT
(Fed. R. Civ. P. 55(c), 60(b)(1), 60(b)(4), 60(b)(6), 62)

Defendants move to vacate the default judgment entered [DATE] (ECF No. [__])
[as to defendant [INDIVIDUAL] under Rule 60(b)(4), because he was never validly
served, and as to defendant [ENTITY] under Rule 60(b)(1), because its default
resulted from excusable neglect], and to stay enforcement pending decision.

MEMORANDUM

I.   Introduction and timeline (date of judgment; date each defendant learned
     of it; date of this motion).

II.  [INDIVIDUAL]: the judgment is void (Rule 60(b)(4))
     A. Facts: the residence served was sold on [DATE] (Ex. __, deed); defendant
        has lived at [ADDRESS] since [DATE] (Ex. __, lease; utility bills);
        defendant never received the papers (Decl. ¶¶ __).
     B. Abode service under Rule 4(e)(2)(B) requires delivery at the
        individual's "dwelling or usual place of abode"; [ADDRESS] was not.
     C. Without valid service the Court lacked personal jurisdiction; the
        judgment is void (Omni Capital; Peralta).
     D. No meritorious defense is required (Peralta); no time limit applies
        beyond reasonableness, and defendant moved within [__] days.
     E. [Address actual-notice burden if plaintiff will argue it.]

III. [ENTITY]: excusable neglect (Rule 60(b)(1))
     A. Facts: the registered agent's forwarding failure (Decl. ¶¶ __; Exs. __).
     B. Pioneer factors: prejudice, length of delay, reason, good faith.
     C. Circuit default factors: culpability, meritorious defense, prejudice.
     D. Meritorious defense: [e.g., defective regulators; setoff; payment]
        (Meritorious-Defense Decl.; proposed answer).
     E. Promptness: motion filed [__] days after learning of the judgment.

IV.  Alternatively, Rule 60(b)(6) [only if facts truly extraordinary and not
     covered by (1) to (5)].

V.   Stay of enforcement pending decision (Rule 62(b); security offered:
     garnished funds held in the Court registry).

VI.  Conclusion; proposed order vacating the judgment and the entries of
     default, releasing or escrowing garnished funds, and setting an answer date.

Drafting commentary. Lead with the strongest ground, and separate defendants whose grounds differ. Voidness under Fed. R. Civ. P. 60(b)(4) is the strongest when service failed: service is the precondition of personal jurisdiction under Omni Capital International, Ltd. v. Rudolf Wolff & Co., 484 U.S. 97 (1987), and Peralta v. Heights Medical Center, Inc., 485 U.S. 80 (1988) holds that a defendant need not show a meritorious defense. But keep voidness within the limits of United Student Aid Funds, Inc. v. Espinosa, 559 U.S. 260 (2010): jurisdictional error and denial of notice, not ordinary mistakes. Expect the plaintiff to argue that a defendant with actual notice must prove the defect, and in some circuits by heightened proof, as in SEC v. Internet Solutions for Business Inc., 509 F.3d 1161 (9th Cir. 2007); deeds, leases, and utility records answer that argument better than the defendant's word.

For excusable neglect, apply Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership, 507 U.S. 380 (1993) together with the circuit's default factors. Remember that Kemp v. United States, 596 U.S. 528 (2022) treats a judge's legal error as Rule 60(b)(1) "mistake," so arguments that the court misapplied the law in entering the judgment (for example, awarding relief beyond the complaint) must be made within a year. Rule 60(b)(6) requires extraordinary circumstances under Ackermann v. United States, 340 U.S. 193 (1950) and BLOM Bank SAL v. Honickman, 605 U.S. 204 (2025); include it only if the facts support it. Section V is essential because a Rule 60 motion does not suspend the judgment; see Fed. R. Civ. P. 62. Filing within 28 days of judgment tolls the appeal period under Fed. R. App. P. 4(a)(4)(A)(vi). For broader post-judgment strategy, see the Post-Trial Toolkit: Rule 50 Renewals, New Trial Briefs, and Remittitur Analyses.

Template 11: Circumstances-of-default and meritorious-defense declarations

Purpose: supply the facts every set-aside motion depends on. Owner: the defendant's officer or employee with personal knowledge (circumstances); the person who knows the underlying facts (merits). When to use: with Template 9 or 10.

[CAPTION]

DECLARATION OF [NAME] IN SUPPORT OF MOTION TO [SET ASIDE DEFAULT / VACATE
DEFAULT JUDGMENT]

I, [NAME], declare:

Part A: How the default occurred
1. I am the [TITLE] of defendant [ENTITY]. I have personal knowledge of the
   facts stated here.
2. [ENTITY]'s registered agent is [AGENT]. Under our service agreement, the
   agent forwards legal papers by email to [ADDRESS].
3. On [DATE], [AGENT] received the summons and complaint. Its forwarding email
   (Exhibit A) was sent to [OLD ADDRESS], an address belonging to a former
   employee that was deactivated on [DATE]. No one at [ENTITY] received it.
4. [ENTITY] first learned of this lawsuit on [DATE], when [EVENT, e.g., our
   bank notified us of a garnishment]. Within [__] days, I retained counsel.
5. [ENTITY] did not intend to ignore this action and would have defended it had
   it known of it. Since learning of the default, [ENTITY] has [updated its
   agent contact information; adopted a procedure for legal papers].

Part B: Meritorious defense
6. Between [DATES], [ENTITY] received [__] shipments from plaintiff. In
   [MONTH], [ENTITY]'s customers returned [__] stoves with regulators that
   leaked at operating pressure. Exhibit B contains [__] customer return forms
   and photographs.
7. On [DATE], I notified plaintiff in writing that [ENTITY] rejected the
   affected units and would withhold payment of invoices [NUMBERS], totaling
   $[AMOUNT] (Exhibit C). Plaintiff's credit manager responded on [DATE]
   acknowledging "the regulator issue" (Exhibit D) and issued a credit of
   $[AMOUNT] for only one shipment.
8. [ENTITY] contends that it owes nothing on invoices [NUMBERS] and is entitled
   to set off $[AMOUNT] in costs of handling returns and refunds.

I declare under penalty of perjury under the laws of the United States that the
foregoing is true and correct. Executed on [DATE] at [CITY, STATE].

[SIGNATURE]

Drafting commentary. Part A answers the culpability or willfulness factor with facts a court can test. Generic explanations ("the papers were misplaced") lose; documented ones win, especially when a third party (here, the registered agent) made the error. Under the Ninth Circuit's approach in TCI Group and United States v. Signed Personal Check No. 730 of Yubran S. Mesle, 615 F.3d 1085 (9th Cir. 2010), a good-faith explanation negating intent to manipulate the process defeats culpability; other circuits weigh carelessness more heavily, so the remedial steps in paragraph 5 help everywhere. Part B must state facts, not conclusions. The Sixth Circuit's formulation in Shepard Claims Service, Inc. v. William Darrah & Associates, 796 F.2d 190 (6th Cir. 1986), a defense "good at law" regardless of likelihood of success, captures the threshold, but courts still want evidence that the defense is real. A partial defense (one that would reduce the judgment) counts. Attach the proposed answer, drafted with the help of the Responsive Pleading Toolkit: Answer Templates, Affirmative Defense Libraries, and Counterclaim Outlines. For Daniel Wexford's voidness motion, a short separate declaration (residence history, the sale of the Doylestown house, the date he learned of the case) replaces Part A, and Part B is optional.

Template 12: Stipulation to set aside default and proposed order

Purpose: resolve the default by agreement. Owner: both counsel. When to use: any time after entry of default; often the day defense counsel is retained.

[CAPTION]

STIPULATION TO SET ASIDE [ENTRY OF DEFAULT / DEFAULT JUDGMENT] AND
[PROPOSED] ORDER

Plaintiff [NAME] and defendants [NAMES], through counsel, stipulate as follows,
subject to the Court's approval:

1. Defendants were served on [DATES]. The Clerk entered defendants' defaults
   on [DATE] (ECF No. [__]). [The Court entered default judgment on [DATE]
   (ECF No. [__]).]
2. The entries of default [and the default judgment] are set aside [under Rules
   55(c) and 60(b)].
3. Defendants shall answer or otherwise respond to the complaint within [7/14]
   days after entry of the Court's order.
4. [Defendants waive any defense of insufficient service of process and
   consent to the personal jurisdiction of this Court.] [OR: Defendants reserve
   all defenses, including under Rule 12(b)(2), (4), and (5).]
5. Defendants shall pay plaintiff $[AMOUNT] within [__] days as reasonable fees
   and costs incurred in obtaining the default [and judgment]. This payment
   does not constitute an admission of liability.
6. The funds garnished from [BANK] on [DATE] ($[AMOUNT]) shall be [released to
   defendants / deposited into the Court registry / held in escrow by [ESCROW]]
   pending final judgment or further order.
7. [Any interim relief, e.g., a stipulated preliminary or permanent injunction
   on specified terms.]
8. Each party bears its own fees and costs except as stated in paragraph 5.

[SIGNATURE BLOCKS]

[PROPOSED] ORDER
Pursuant to the parties' stipulation, and good cause appearing, IT IS ORDERED
that the stipulation is approved and its terms are entered as the order of the
Court.

Dated: [DATE]                           ______________________________
                                        United States District Judge

Drafting commentary. Courts readily approve stipulations to set aside an entry of default under Rule 55(c). Vacating a final judgment requires a court order under Fed. R. Civ. P. 60(b), which judges generally grant when both sides ask. Paragraph 4 is the most negotiated term. A plaintiff will often ask the defendant to waive service and jurisdictional objections as the price of agreement; a defendant with a strong voidness argument (like Daniel Wexford) should trade it only for real value, such as a reduced fee payment or the release of garnished funds. Paragraph 6 matters to defendants whose accounts have been frozen. Negotiation strategy is in Planning and Running a Litigation Settlement Negotiation: A Practical Guide. In the running example, Cobalt Trail, faced with deed records showing the Doylestown house was sold, agrees: the judgment is vacated as to both defendants, Daniel Wexford accepts service through counsel (but keeps his merits defenses), Wexford Supply pays $4,500 toward fees, and the garnished $61,000 goes into escrow.

Template 13: Opposition to motion to set aside or vacate (outline)

Purpose: oppose relief where the default was deliberate, the explanation is not credible, or the defense is illusory. Owner: plaintiff's counsel. When to use: on receipt of Template 9 or 10, after deciding that opposition is worth its cost.

[CAPTION]

PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO [SET ASIDE DEFAULT / VACATE
DEFAULT JUDGMENT]

I.   Introduction (what defendant knew, when, and what it chose to do).

II.  Facts
     A. Service and the proof of service; server's declaration (detail).
     B. Notices to defendant: Template 1 letter; courtesy copies; delivery
        confirmations; any responses or calls.
     C. Defendant's conduct between notice and motion (dates).

III. Standard (posture-specific; for Rule 60(b), emphasize finality and the
     movant's burden).

IV.  Argument
     A. The default was willful or culpable: [actual notice + deliberate
        inaction; sophisticated party; prior litigation experience].
     B. No meritorious defense: [declaration offers conclusions; defense
        contradicted by defendant's own documents; defense is legally
        insufficient].
     C. Prejudice: [specific lost evidence or witness; asset transfers since
        judgment (with evidence); increased risk of collusion].
     D. Delay after learning of the default: [dates].
     E. For Rule 60(b)(4): service was valid; defendant had actual notice;
        defendant bears the burden to prove the defect [and in this circuit by
        heightened proof]; the return is prima facie evidence of service.
     F. For Rule 60(b)(6): the motion is a (b)(1) motion in disguise (Kemp);
        no extraordinary circumstances.

V.   Alternative relief: if the Court grants the motion, condition it on
     payment of plaintiff's fees and costs, security for the judgment amount,
     and an expedited schedule.

Drafting commentary. Most motions to set aside an entry of default are granted, and opposing a strong one wastes money and credibility. Oppose when the record shows deliberate inaction, a sophisticated defendant that knew exactly what it was doing, or a "defense" that is only a denial. Prejudice must be concrete; courts consistently hold that delay and the cost of litigating the merits are not enough. When opposing a voidness motion, put the process server's detailed declaration in the record and press the burden point. Section V matters even in a strong opposition: a court inclined to grant relief may well adopt the conditions you propose. For a defaulting defendant who appeared, litigated, and then walked away, City of New York v. Mickalis Pawn Shop, LLC, 645 F.3d 114 (2d Cir. 2011) supports the argument that even a personal jurisdiction objection was forfeited. And for a defendant who chose to stay away in order to attack jurisdiction later, note the risk the Supreme Court described in Insurance Corp. of Ireland v. Compagnie des Bauxites de Guinee, 456 U.S. 694 (1982): that defendant accepted the consequences of losing the jurisdictional argument, including forfeiture of its merits defenses.

Template 14: Default deadline tracker

Purpose: keep every clock visible for both sides. Owner: the responsible paralegal or docketing clerk, reviewed by counsel weekly. When to use: from service through final resolution of any motion to vacate.

Drafting commentary. The tracker's purpose is to make the clocks visible to both sides. For plaintiffs, it prevents enforcement during the Rule 62(a) stay and premature registration under 28 U.S.C. § 1963, which is available only after the judgment "has become final by appeal or expiration of the time for appeal" or on a good-cause order. For defendants, it shows at a glance that "reasonable time" under Fed. R. Civ. P. 60(c)(1) runs from the day the client learned of the judgment, not from the end of the one-year period. Once the judgment is vacated or collected, archive the tracker with the file; if enforcement continues, carry the relevant dates into the collections calendar described in the Judgment Enforcement and Collections Toolkit.

Lessons from the running example

• Cobalt Trail's bounced email was a warning. A plaintiff whose notice to an individual defendant fails should verify the address before relying on abode service there. A skip trace would have found Daniel Wexford's new address and produced a judgment that could not be attacked as void.
• Disclosure helped the plaintiff. Cobalt Trail's damages declaration disclosed the regulator complaint and credit, which kept its credibility intact when the defendants raised the defect defense.
• The defendants used the right ground for each party. Voidness for the individual (no meritorious defense needed), excusable neglect for the entity (with a documented third-party error and a real defense), and a stay request for the garnished funds.
• The stipulation saved both sides money. The defendants paid a modest fee; the plaintiff kept the garnished funds secured in escrow; the case moved to the merits within weeks.

This document is general information, not legal advice for any particular situation. Adapt every template to the governing local rules and the facts of the case.

Related Documents

Related Articles

• Default and Default Judgment in Federal Court: Rules 55 and 60 and the Cost of Ignoring a Lawsuit: the doctrine behind each template.
• Personal Jurisdiction Over Online and Foreign Defendants: From Zippo to Ford Motor: the jurisdictional section of Template 5 and voidness challenges.
• Counterfeiting, Seizure Orders, and Schedule A Litigation: Fighting Fakes in Federal Court: default judgments with statutory damages and asset freezes.
• Amending Pleadings Under Rule 15: Leave to Amend, Relation Back, and the Scheduling Order Trap: amending a thin complaint before Template 5.
• Motions to Compel and Discovery Sanctions Under Rule 37: From Meet and Confer to Default Judgment: motions to compel and Rule 37 sanctions when discovery breaks down.

Related Guides

• Obtaining or Setting Aside a Default Judgment: A Practical Guide: when and why to use each template.
• Service of Process: Domestic and International Methods That Work: avoiding the Doylestown problem.
• Moving for or Opposing Leave to Amend a Pleading: A Practical Guide: amendment motions before default judgment.
• Planning and Running a Litigation Settlement Negotiation: A Practical Guide: negotiating Template 12.
• Bringing or Opposing a Motion to Compel Discovery: A Practical Guide: motions to compel and Rule 37 sanctions when discovery breaks down.

Related Checklists

• Default Judgment Checklist: A Practical Checklist: the order in which to use these templates.
• Answer and Affirmative Defenses Checklist: A Practical Checklist: the proposed answer attached to Templates 9 and 10.
• Post-Trial Motion Checklist: A Practical Checklist: Rule 59 and 60 timing.
• Motion to Compel and Rule 37 Sanctions Checklist: A Practical Checklist: motions to compel and Rule 37 sanctions when discovery breaks down.

Related Toolkits

• Judgment Enforcement and Collections Toolkit: what comes after Template 8.
• Responsive Pleading Toolkit: Answer Templates, Affirmative Defense Libraries, and Counterclaim Outlines: answer templates.
• Military Legal Toolkit: UCMJ Defense, SCRA Protections, and USERRA Claims: SCRA context for Template 3.
• Post-Trial Toolkit: Rule 50 Renewals, New Trial Briefs, and Remittitur Analyses: related post-judgment motion templates.
• Amendment Toolkit: Redlined Pleadings, Rule 16 Good Cause Showings, and Futility Oppositions: amending before seeking default judgment.
• Discovery Enforcement Toolkit: Deficiency Letters, Meet-and-Confer Records, and Rule 37 Motions: motions to compel and Rule 37 sanctions when discovery breaks down.