The C 25B Alabama form serves as an application and affidavit for the entry of default judgment in cases of unlawful detainer. This form allows a plaintiff to request that the court enter a default judgment against a defendant who has failed to respond to a complaint. By following the guidelines outlined in this form, individuals can navigate the legal process more effectively.
The C 25B Alabama form serves as a crucial document in the process of obtaining a default judgment in cases of unlawful detainer. This application and affidavit, utilized within the Unified Judicial System of Alabama, enables a plaintiff to request the court to enter a default judgment against a defendant who has failed to respond to a legal complaint. The form outlines specific requirements that must be met, including the service of the unlawful detainer complaint and the elapsed time since service. The affiant, who is typically the plaintiff, must provide personal knowledge of the facts and affirm that the defendant has not answered or defended against the complaint. Additionally, the form includes details about the property involved, the rental agreement, and the amounts owed, ensuring that all necessary information is presented to the court. The C 25B form also addresses the status of the defendant, confirming they are not an infant, incompetent, or in military service, which is essential for the legal proceedings. By completing this form, the plaintiff takes a significant step toward regaining possession of the property and resolving outstanding rental issues.
State of Alabama
APPLICATION AND AFFIDAVIT FOR
Case Number
Unified Judicial System
ENTRY OF DEFAULT JUDGMENT
Form C-25B REV. 6/07
(FOR UNLAWFUL DETAINER)
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 default 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 unlawful detainer complaint was served, or posted and mailed, on (date) _____________________.
3.That more than __________ days have elapsed since the unlawful detainer complaint was served, or posted and mailed as required by law.
4.That the defendant has failed to answer or otherwise defend against the plaintiff’s Unlawful Detainer 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 for possession of the property, and money sued for, because of the defendant’s failing to answer or otherwise defend against the Plaintiff’s unlawful detainer 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 the military service.
8.Judgment Conditions: with without waiver of exemptions.
9. That the property made the basis of this unlawful detainer is described as follows:
_______________________________________________________________________________________
_______________________________________________________________________________________.
10.Plaintiff has not accepted any rents or other payments since the termination of the rental agreement.
11.The termination notice with necessary proof of service and any written rental agreement are attached.
12.The monthly rental for this leasehold is the following sum: $___________. Rent is due on the 1st of the month.
The amount of rental that has accrued since filing to date is: _______________________________________.
Sworn To and Subscribed Before Me This
Date:______________________________
___________________________________
_____________________
Officer’s Signature
Title
Name of Attorney:_______________________________________
Signature of Attorney:____________________________________
Business Address of Attorney:_____________________________
________________________________________________________
City
State
Zip Code
Plaintiff specifically requests that the Court defer rendition of a money judgment until that issue is ripe for jurisdictional and evidentiary adjudication.
Original – Court File
Copy - Plaintiff
Copy - Defendant
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