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Sample Application for Default Judgment – Publication

{LAW FIRM NAME}
{Address}
{City}, {State} {ZIP}
{Telephone:}
{Facsimile: }

{Lawyer Name (Bar No.)}
Email: {}

Attorney for Plaintiff

In the Superior Court of the state of Arizona
In and for the County of Maricopa

[Insurance Company of At-Fault Driver],

Plaintiff,

v.

[Individuals and Entities Including Lienholders Who May Have A Right to Policy Limit Proceeds],

Defendants.

Case No.: ____________________________

 

APPLICATION FOR ENTRY OF DEFAULT JUDGMENT

(Hon. [Assigned Judge’s Name])

 

TO: THE CLERK OF THE SUPERIOR COURT

Plaintiff, by and through undersigned counsel, requests that the Clerk of this Court enter the default of Defendant [], pursuant to Rule 55 of the Arizona Rules of Civil Procedure (“Ariz. R. Civ. P.”) for the reason that Defendant [] has failed to plead or otherwise defend this action as required by Rule 12 of the Ariz. R. Civ. P.

Plaintiff served Defendant [] with the Complaint, Summons, and Notice via service by publication on Defendant starting on [], again the 3 subsequent weeks through []. Defendant was served by publication because Defendant’s current address could not be determined through reasonable efforts. Personal service was attempted at Defendant’s last known address and last known previous address. Plaintiff made subsequent attempts to determine a more current address for Defendant which included a skip trace performed by Plaintiff through LexisNexis. However, a more current address was not provided from the skip trace. Therefore, Plaintiff had no other option than to serve Defendant by publication. Defendant has not filed an Answer to the Complaint as of [] as required by Rule 12(a)(1)(A)(i) of Arizona Rules of Civil Procedure.

If Defendant fails to file a responsive pleading or otherwise defend this action within ten (10) days of the filing of this Application, a default judgment will be requested in favor of the Plaintiff.

In light of the foregoing, Plaintiff respectfully requests that at the expiration of ten (10) days following the filing of this Application, the Court enter Judgment by default in favor of Plaintiff, including an award of Plaintiff’s costs and attorney’s fees associated with prosecuting this matter.

DATED this ____ day of _____________, _____.

 

 

 

Respectfully submitted,

{law firm name}

By

{NAME OF ATTORNEY}

{Law Firm Address}

{City} {Arizona}, {Zip}

Attorney for Plaintiff

 

 

ORIGINAL of the foregoing e-filed

this ____day of ____________. 20__.

 

COPY of the foregoing mailed this

this ____day of ____________. 20__, to:

 

{Counsel of Record}
{Firm Name] {Address] {City] [Arizona], [Zip]

 

{Name of Defendant}{Pro se}
{Address}
{City} {Arizona}, {Zip]

 

 

/s/