The Alabama C 25A form serves as an application and affidavit for obtaining a default judgment in Alabama's Unified Judicial System. This form is utilized when a defendant fails to respond to a complaint, allowing the plaintiff to seek a judgment in their favor. Completing the C 25A form accurately is essential for ensuring a smooth legal process; click the button below to fill out the form.
The Alabama C 25A form serves as a crucial tool within the state's judicial system, specifically designed for individuals seeking a default judgment in civil cases. This form is utilized when a defendant fails to respond to a summons or complaint, allowing the plaintiff to request that the court enter a judgment in their favor. It contains essential sections where the affiant—typically the plaintiff or their representative—provides personal knowledge of the case, confirms the defendant was served, and states that the requisite time has passed without a response. Additionally, the form requires the affiant to affirm that the defendant is neither an infant nor incompetent and addresses whether the defendant is in military service. The affiant must also specify the amount being claimed, breaking it down into principal, interest, and any attorney fees if applicable. This form not only streamlines the process of obtaining a default judgment but also ensures that all legal requirements are met, providing a clear path for plaintiffs to secure their rights and remedies in court.
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The Alabama C 25A form is an important document used in the process of obtaining a default judgment in court. When filing this form, individuals may also need to prepare additional documents that support their case. Below is a list of forms and documents that are commonly used alongside the C 25A form.
Each of these documents plays a crucial role in the legal process, ensuring that all parties are informed and that the court has the necessary information to make a ruling. Properly completing and filing these forms can help facilitate a smoother legal process.
Filling out the Alabama C 25A form requires attention to detail and accuracy. This form is necessary for requesting a default judgment when a defendant fails to respond to a claim. Below are the steps to complete the form correctly.
Once the form is completed, it should be filed with the court along with any required fees. Ensure that all information is accurate and that copies are made for all parties involved.
Understanding the Alabama C 25A form is crucial for anyone involved in legal proceedings. However, several misconceptions can lead to confusion. Here are six common misunderstandings:
By clarifying these misconceptions, individuals can better navigate the legal process involving the Alabama C 25A form.
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