Rule 55-II.Ex Parte Proof by Motion of Pecuniary Losses; Deficiency Judgment
Group VII: Judgment · Last amended 2017 · Last verified July 14, 2026
In one sentenceRule 55-II lets a plaintiff prove pecuniary losses — property damage, lost wages, medical bills, or a deficiency after repossession — by motion and affidavit within 60 days of a default, instead of waiting for an ex parte proof hearing, so long as the defendant gets notice and 21 days to object.
(1)Procedural Requirements; Motion and Affidavit. In any action in which a default has been entered and the only remaining claims are for property damage or other pecuniary losses, judgment may be entered if, within 60 days of the default, a motion for judgment is filed along with an affidavit meeting the requirements of Rule 56(c)(4) and setting forth:
(A)the specific pecuniary loss sustained;
(B)its causal relationship to the factual situation set forth in the complaint; and
(C)that a copy of the motion was sent to the defendant at the defendant's last known address notifying the defendant that any objections to the motion must be received by the clerk within 21 days.
(2)Supporting Papers. The affidavit provided with the motion must be accompanied by:
(A)a paid bill for the work done or an estimate of value from a person, firm or company regularly engaged in the business of doing such work or in the event of total loss, regularly engaged in the estimation of such losses;
(B)a sworn statement from plaintiff's employer setting forth plaintiff's rate of compensation and the days and hours plaintiff was unable to work on account of the matters alleged in the complaint; or
(C)a statement of account from a health care provider or facility setting forth the reasonable and necessary charges incurred by plaintiff for treatment of injuries received as a result of the occurrence alleged in the complaint.
(3)Compliance with Servicemembers Civil Relief Act. Where applicable, the filing party must attach a Civil Action Form 114 that complies with the Servicemembers Civil Relief Act (50 U.S.C. §§ 3901-4043).
(4)Judicial Action. The judge or magistrate judge may enter judgment for the amount alleged in the affidavit or for such lesser sum as may be warranted by all materials of record, including defendant's objection, if any, or may schedule the matter for an ex parte proof hearing, as appropriate. If Civil Action Form 114 indicates that the defendant is in the military or that his or her military status is unknown, the court must follow the procedures set forth in Section 201 of the Servicemembers Civil Relief Act (50 U.S.C. § 3931).
(b)DEFICIENCY JUDGMENT. A deficiency judgment after repossession of personal property may be granted as provided in Rule 55-II(a). However, the motion, affidavit, and supporting documents, or the proof presented at an ex parte proof hearing, must set forth a basis on which the court can reasonably conclude that the plaintiff complied with applicable law and that the property was resold for a fair and reasonable price.
Comments
2017 Amendments:
Stylistic changes were made to this rule to conform with the 2007 amendments to the Federal Rules of Civil Procedure.
Comment:
Rule 55-II provides an optional method for proving the amount of pecuniary losses in cases of defaults governed by Rule 55(b)(2). In cases to which Rule 55-II is applicable, plaintiff may elect to proceed under that Rule or may await the scheduling of an ex parte proof hearing in the normal course. Since the reach of Rule 55-II has been expanded to cover not only property damage claims but also claims involving other types of pecuniary losses (e.g. wage losses, medical bills, deficiency judgments, repair costs incurred to make good work improperly performed by a home repairman or contractor), the time for defendant to object to plaintiff's affidavit of loss has been enlarged from 10 to 20 days. This amendment also makes Rule 55-II consistent with amended Rule 55(b) which effectively affords defendants 20 days to object to any newly filed affidavit concerning the sum to be entered in a default judgment pursuant to that Rule.
Plain-English Summary
When a default has been entered and the only thing left to resolve is the amount of property damage or other pecuniary loss, Rule 55-II offers a paper alternative to a live hearing. Within 60 days of the default, the plaintiff can file a motion for judgment with an affidavit meeting Rule 56(c)(4)'s personal-knowledge requirements, stating the specific loss, its causal link to the facts alleged in the complaint, and confirmation that a copy of the motion was mailed to the defendant's last known address warning that any objection must reach the clerk within 21 days.
The affidavit cannot stand alone — it needs documentary backup. Rule 55-II(a)(2) requires a paid bill or an estimate from someone in the business of doing that kind of work or estimating that kind of loss, or a sworn statement from the plaintiff's employer covering lost pay and missed work days, or a statement of charges from a health care provider for injury-related treatment. Where the defendant is an individual, the plaintiff must also file a Civil Action Form 114 addressing Servicemembers Civil Relief Act coverage, and if that form shows the defendant is in the military or of unknown status, the court follows the Act's own procedures before entering judgment.
Once the paperwork is in, the judge or magistrate judge can enter judgment for the amount in the affidavit, a lesser amount the record supports (including any objection the defendant filed), or set the matter for an ex parte proof hearing instead. Rule 55-II(b) extends the same procedure to a deficiency judgment after repossession of personal property, with one added requirement: the moving papers or hearing proof must show a basis for concluding the plaintiff followed the law governing repossession and resold the property for a fair and reasonable price.
Frequently Asked Questions
What kinds of losses can a plaintiff prove through Rule 55-II's affidavit procedure instead of a hearing?
The rule covers pecuniary losses generally — property damage, lost wages, medical expenses, repair costs, and deficiencies after repossession of personal property — so long as those are the only remaining claims after a default.
How soon after a default must a plaintiff use this procedure?
The motion for judgment, together with the supporting affidavit, must be filed within 60 days of the default.
What notice does the defendant get, and how long to object?
The plaintiff must send the defendant a copy of the motion at the defendant's last known address, and the affidavit must state that this was done and that any objection must reach the clerk within 21 days.
What paperwork has to back up the affidavit of loss?
Depending on the type of loss, the plaintiff must attach a paid bill or estimate from someone regularly in that line of work, a sworn statement from the plaintiff's employer about lost pay, or a statement of account from a health care provider for treatment costs, along with a Civil Action Form 114 addressing military status where the defendant is an individual.
How does Rule 55-II apply to a deficiency judgment after repossession of personal property?
Rule 55-II(b) lets the plaintiff use the same motion-and-affidavit process, but the papers or hearing proof must also give the court a basis for concluding the plaintiff complied with the law governing the repossession and resold the property for a fair and reasonable price.
Source & verification. Rule text and official Comments are
reproduced verbatim from the District of Columbia Superior Court Rules of Civil
Procedure, adopted by the Superior Court of the District of Columbia. Last verified July 14, 2026.
· Official source
Also known as:dc ex parte proof of damagesdc deficiency judgment repossessionpecuniary loss affidavit dc default judgmentdc default judgment property damage proof