Free Alabama C 25A PDF Template Fill Out This Document Now

Free Alabama C 25A PDF Template

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.

Fill Out This Document Now
Outline

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.

Documents used along the form

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.

  • Summons: This document notifies the defendant that a lawsuit has been filed against them. It includes information about the court and the requirement for the defendant to respond within a specified timeframe.
  • Statement of Claim/Complaint: This form outlines the plaintiff's case against the defendant. It details the facts, legal grounds, and the relief sought by the plaintiff, serving as the basis for the lawsuit.
  • Affidavit of Service: This document provides proof that the defendant was served with the summons and complaint. It typically includes details about how and when the service was completed.
  • Motion for Default Judgment: This is a formal request submitted to the court, asking for a default judgment when the defendant fails to respond to the lawsuit. It outlines the reasons for the request and may include the amount of damages sought.
  • Firearm Bill of Sale: This essential document, which can be accessed through Bill of Sale for a Gun, ensures that both the buyer and seller have a clear understanding of the transaction, safeguarding their rights.
  • Certificate of Service: This document certifies that copies of the filed documents have been sent to all relevant parties. It ensures that everyone involved in the case is informed about the proceedings.
  • Proposed Order for Default Judgment: This is a draft order that the plaintiff submits for the judge's approval. It outlines the terms of the default judgment, including the amount awarded to the plaintiff.

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.

Steps to Filling Out Alabama C 25A

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.

  1. Obtain the Form: Download or print the Alabama C 25A form from the official court website or obtain a physical copy from the court clerk's office.
  2. Fill in Case Information: Enter the case number at the top of the form. Specify the court name (Circuit or District) and the name of the county where the case is filed.
  3. Identify the Parties: Write the names of the plaintiff and defendant in the designated fields.
  4. Affiant Information: In the space provided, write the name of the affiant (the person requesting the judgment).
  5. Provide Facts: Answer the statements regarding personal knowledge of the case, service of summons, and the time elapsed since service. Fill in the date the defendant was served and the number of days that have passed.
  6. Confirm Defendant's Status: Indicate whether the defendant is an infant or incompetent, and whether they are in military service.
  7. Judgment Conditions: Check the appropriate box to indicate if the judgment is with or without waiver of exemptions.
  8. Claim Amount: State the total amount claimed, breaking it down into principal balance, interest, and attorney fees if applicable.
  9. Property Description: If applicable, describe the property the plaintiff seeks possession of, on a separate sheet of paper.
  10. Request Entry of Judgment: Check whether the judgment is requested by the court or by the clerk.
  11. Sign and Date: The affiant must sign and date the form. A notary public should witness the signature.
  12. Attorney Information: If represented by an attorney, fill in the attorney’s name, signature, and business address.
  13. Certificate of Service: Certify that a copy of the application has been sent to all parties not in default.

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.

Misconceptions

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:

  • It is only for monetary judgments. Many believe the C 25A form is exclusively for financial claims. In reality, it can also be used to obtain possession of property, depending on the case.
  • Default judgment can be granted without proper service. Some think that a default judgment can be entered without serving the defendant. This is incorrect; proper service of summons is a prerequisite for filing.
  • Anyone can file this form. There is a misconception that any individual can submit the C 25A form. In fact, the affiant must have personal knowledge of the case and be a party involved in the claim.
  • The form guarantees a judgment. Many assume that submitting the C 25A form will automatically result in a judgment. However, the court must still review the application and determine its validity.
  • It does not require a filing fee. Some people think there are no costs associated with filing this form. In truth, a filing fee is required when seeking a default judgment.
  • All defendants are treated the same. There is a belief that all defendants face the same process. However, if a defendant is an infant, incompetent, or in military service, different rules apply.

By clarifying these misconceptions, individuals can better navigate the legal process involving the Alabama C 25A form.

Form Sample

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.

 

 

_________________________

_____________________________________________________

Date

Judge/Clerk

 

 

 

 

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