Alaska Court System Self-Help

If the defendant does not answer the plaintiff's complaint, the plaintiff can finish the case without the defendant's participation by requesting the court to enter a "default." Because the defendant didn't answer, the plaintiff is able to get a one-sided judgment.

If the other party does not file an answer within 20 days of being served your complaint, you may ask the court to default the other side and grant you everything you asked for.

To do this, you must have proof that you served the other party according to the rules.

After you serve someone, you will get one of the following back:

• The green card signed by the opposing party from the post office.
• A return of service from the process server.

Either one of these is called your proof of service. Whichever one you get, keep it in a safe place.

After 20 days, you may file the Default Application, SHC-400 (Word | PDF) along with your proof of service at the same courthouse that you filed the complaint. You should tape the green card from the post office to the Proof of Service, SHC-405 Word | PDF.

You must send the defendant a copy of the Default Application. You can send by first class U.S. mail or hand deliver, unless there is a domestic violence protective order in effect which states how to serve the opposing party.

Check with your local court to find out whether they will contact you or you need to contact them to schedule the default hearing.

Many courts also require that you file the final documents at this time so that all the paperwork is complete at the time of your hearing. Therefore, you will need to fill in everything BUT the judge's signature on the following set of forms. Submit the completed forms to the court with the default application. Select the set that applies to your situation:

Custody Case (unmarried parents with children)

• Custody Findings of Fact & Conclusions of Law, DR-460 Word
• Custody Judgment, DR-465

Divorce with Children & Property (Long, i.e. property or debt to be divided by the court)

• Findings of Fact and Conclusions of Law & Decree of Divorce, DR 800 & 805

Divorce with Children & Property (Short, i.e. no property or debt to be divided by the court)

• Divorce Findings of Fact & Conclusions, SHC-520 Word | PDF
• Divorce Judgment and Decree, SHC-525 Word | PDF

Divorce with Property But No Children (Long, i.e. property or debt to be divided by the court)

• Findings of Fact and Conclusions of Law & Decree of Divorce, DR 801& 806

Divorce with Property But No Children (Short, i.e. no property or debt to be divided by the court)

• Divorce Findings of Fact & Conclusions, SHC-540 Word | PDF
• Divorce Judgment and Decree, SHC-545 Word | PDF

Legal Separation With Children & Property

• Legal Separation with Children and Property Findings of Fact and Conclusions of Law, SHC-590 Word, and
• Judgment and Decree for Legal Separation with Children and Property, SHC-595 Word

Legal Separation With Property & No Children

• Legal Separation with Property and No Children Findings of Fact and Conclusions of Law, SHC-591 Word, and
• Judgment and Decree for Legal Separation with Property and No Children, SHC-596 Word

The Judge will go over your complaint and all attachments and ask you some questions to verify that a default can be entered. Some of the common reasons that a default is not granted at this hearing include the following:

• improper service of the complaint,
• more information is needed to enter a child support order, or
• the defendant is in the military and has rights under the Servicemembers Civil Relief Act.

It depends on how much information is known and which court your case is in because some courts handle the child support differently in default cases.

Provide the court with information about the noncustodial parent’s income and work history if you know it. The court may issue a child support order based on the information you provide.

If you have a case open with CSSD, some courts will request that CSSD provide the court with information about the noncustodial parent’s earnings. The court may use that information to calculate child support.

If your case is in the Fairbanks court, you can file a motion requesting that the court ask CSED to provide information about the non-custodial parent’s earnings, along with a proposed order if you have an open CSED case or apply for CSED services:

If the court has entered the default or set a hearing for the default, the defendant has to ask the court to set aside the default and accept a late answer:

• Motion and Affidavit to Set Aside Entry of Default and Accept Late Filed Answer,
  SHC-0410 Word | PDF

Please read the information about serving the opposing party.

If the court finds good cause and grants the defendant's motion, the case will move forward with both parties having the opportunity to participate.

If the defendant files the answer without a Motion & Affidavit to Set Aside Entry of Default, the court may not take any further action regarding the answer and continue the default process. In a default hearing when the defendant does not appear the court considers only the plaintiff's complaint when issuing a judgment in the case.

Yes, within one year the defendant may submit a Motion to Set Aside Default Judgment along with an affidavit and proposed order. The motion should explain why the court should set aside the default judgment, stating the specific reasons according to Civil Rule 60(b). Please see the motion practice page for more information on filing motions.