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adversary proceeding- default
When applying for entry of default, FRCP 55, incorporated by FRBP 7055,
states that:
"If the plaintiff's claim is for a sum certain or a sum that can be made
certain by computation, the clerkon the plaintiff's request, *with an
affidavit showing the amount due*must enter judgment for that amount and
costs" [italics mine].
Is someone willing to share a sample affidavit showing the amount due, or
explain what special language (if any) is needed for such an affidavit?
Thank you,
Kirk Brennan
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When applying for entry of default, FRCP 55, incorporated by FRBP 7055, states that: "If the plaintiff's claim is for a sum certain or a sum that can be made
certain by computation, the clerkon the plaintiff's request, with an
affidavit showing the amount duemust enter judgment for that amount and
costs" [italics mine].Is someone willing to share a sampleaffidavit showing the amount due, or explain what special language (if
any) is needed for such an affidavit?Thank you,-- Kirk BrennanCONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message. TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
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