PNC BANK, N.A.
v.
GLOBAL DIRECTORIES, INC., ET AL.
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PNC Bank sought a default judgment against defendant Michael Smith, but the court denied the motion without prejudice because the return of service did not comply with Federal Rule of Civil Procedure 4(l)(1), as it was not submitted in the form of an affidavit or declaration under penalty of perjury.
The return of service did not comply with Fed. R. Civ. P. 4(l)(1) because it was not in the form of an affidavit or declaration under penalty of perjury. Therefore, the motion for default was denied without prejudice.
“Proper service is a prerequisite to entry of a clerk's default.”
Establishes the foundational requirement for default judgments
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Join FLexlaw to unlock all legal intelligencePNC Bank, N.A. filed suit against Global Directories, Inc. and other defendants, including Michael Smith. Plaintiff filed a Motion for Entry of Defaul…
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THIS CAUSE is before the Court on Plaintiff, PNC Bank, N.A.'s Motion for Entry of Default by Clerk Against Defendant Michael Smith (“Motion”). Doc. 13. Proper service is a prerequisite to entry of a clerk's default. See Smith v. Dep't of Revenue, No. 6:24-cv-2121-JSS-RMN, 2025 WL 2709829, at *1 (M.D. Fla. May 12, 2025). The return of service on which the Motion relies, Doc. 12-1, does not comply with Fed. R. Civ. P. 4(1)(1) as it is not in the form of an affidavit (or declaration under penalty of perjury). See Smith, 2025 WL 2709829, at *2; Ethos Grp., Inc. v. JAB Media LLC, No. 3:22-cv-485-TJC-LLL, 2023 WL 2328923, at *2 (M.D. Fla. Jan. 6, 2023).
Accordingly, the Motion (Doc. 13) is denied without prejudice.
On or before January 16, 2026, Plaintiff shall file proper proof of service on Defendant Smith.
DONE AND ORDERED in Jacksonville, Florida, on December 19, 2025.
Samuel J. Horovitz United States Magistrate Judge
Copies to: Counsel of Record
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PNC Bank, N.A. v. Global Directories, Inc., 2025 WL 2709829 (M.D. Fla. 2025)…Motion relies, Doc. 12-1, does not comply with Fed. R. Civ. P. 4(l)(1) as it is not in the form of an affidavit (or declaration under penalty of perjury). See Smith, 2025 WL 2709829, at *2; Ethos Grp., Inc. v. JAB Media LLC, No. 3:22-cv-485-TJC-LLL, 2023 WL 2328923, at *2 (M.D. Fla. Jan. 6, 2023). Accordingly, the Motion (Doc. 13) is denied without prejudice. On or before January 16, 2026, Plaintiff shall file proper proof of service on Defendant Smith. DONE AND ORDERED 1n Jacksonville, Florida, on December 1…1 / 3
Authorities Cited
- PNC Bank, N.A. v. Global Directories, Inc., 2025 WL 2709829 (M.D. Fla. 2025)