The Alabama C 25A form serves as an application and affidavit for the entry of default judgment in civil cases. This form is utilized when a defendant fails to respond to a plaintiff's claim, allowing the court to grant a judgment in favor of the plaintiff. By completing this form, the affiant requests the clerk or judge to recognize the defendant's lack of defense and proceed with the judgment process.
The Alabama C 25A form plays a crucial role in the legal process of obtaining a default judgment. This form is used when a plaintiff seeks a judgment against a defendant who has failed to respond to a lawsuit. By filling out this form, the affiant—typically the plaintiff or their representative—requests that the court enter a default judgment due to the defendant's lack of action. Key components of the form include details about the case, such as the names of the parties involved, the court where the case is filed, and the specific claims being made. It also requires the affiant to provide evidence that the defendant was properly served with legal documents and that the appropriate amount of time has passed without a response. Additionally, the form addresses whether the defendant is an infant or incompetent person and whether they are in military service, both of which can affect the court's ability to enter a default judgment. The affiant must also specify the amount being claimed, including any applicable interest or attorney fees. Finally, the form includes a section for certification of service to ensure that all parties involved are informed of the proceedings. Understanding the nuances of the Alabama C 25A form is essential for anyone navigating this aspect of civil procedure in Alabama.
State of Alabama
APPLICATION AND AFFIDAVIT FOR
Case Number
Unified Judicial System
Form C-25A Rev. 6/07
ENTRY OF DEFAULT JUDGMENT
IN THE ______________________________________COURT OF _____________________________________, ALABAMA
(Circuit or District)
(Name of County)
_______________________________________________ v. ____________________________________________________
Plaintiff
Defendant
I, affiant, request that the
clerk of court, or
judge, pursuant to Rule 55(b), Alabama Rules of Civil Procedure (ARCP),
enter a default judgment against the above - named defendant,* in the above case for the defendant's failing to plead, answer, or otherwise defend.
The affiant, __________________________________________________________________, being duly sworn, states as follows:
1.That the affiant has personal knowledge of the facts set forth in the affidavit.
2.That the defendant was served with a summons and a copy of the Statement of Claim/Complaint on (date) __________________.
3.That more than ________ days have elapsed since the defendant was served with a summons and a copy of the Statement of Claim/Compliant.
4.That the defendant has failed to answer or otherwise defend against the plaintiff’s Statement of Claim/Complaint.
5.That this affidavit is executed by the affiant in accordance with Rule 55(b), ARCP, for the purpose of enabling the plaintiff to obtain a default judgment against the defendant, for the defendant’s failing to answer or otherwise defend against the plaintiff’s Statement of Claim/Complaint.
6.That the defendant is not an infant or an incompetent person, and there has been no violation of the provisions of Ala. Code 1975,
Chapter 19, Title 5.
7.
That the defendant
is
is not in military service.
8.
Judgment Conditions: with without waiver of exemptions.
9. That the amount of money claimed by the defendant to the plaintiff is
THE SUM OF
$________________, which is to be determined as follows:
Principal Balance
$________________
Interest
Attorney Fee
$________________ (if requesting attorney’s fees, it must be determined by the judge, not the clerk).
(If provided by contract, note or law)
SPECIFY PROPERTY (Describe, on a separate sheet of paper, property of which the plaintiff demanded right to possession from the defendant in the Statement of Claim/Complaint.)
10. The affiant requests entry of judgment:
By the Court
By the Clerk
Sworn To and Subscribed Before Me This
Date: ___________________
________________________
__________________
Officer’s Signature
Title
Name of Affiant: _______________________________________
Signature of Affiant: ____________________________________
Affiant’s Home or Business Address (if not represented by an attorney):
_____________________________________________________
CityStateZip Code
Name of Attorney: ______________________________________
Signature of Attorney: ___________________________________
Business Address of Attorney: ____________________________
City
State
Zip Code
Default judgment is hereby rendered against the defendant in the amount of $ ________________
_________________________
Date
Judge/Clerk
Default judgment is hereby rendered against the defendant and the plaintiff is awarded right to posession of the property sworn to in the
affidavit above.
CERTIFICATE OF SERVICE ON OTHER PARTIES
I hereby certify that a copy of this Application, Affidavit, and Entry of Default Judgment has been
Signed ________________________
sent, by first class mail, postage prepaid, to all parties who are not in default in this case.
Rule 55, ARCP
* Separate form shall be completed for each defendant in cases involving multiple defendants.
Pursuant to Ala. Code 1975, §12-19-71(a) (10), a filing fee is required when seeking a default judgment pursuant to Rule 55(b), ARCP.
Original – Court File
Copy – Plaintiff
Copy - Defendant
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