The C 25B Alabama form is an application and affidavit used to request a default judgment in unlawful detainer cases. This form allows a plaintiff to formally ask the court to enter a judgment against a defendant who has failed to respond to a complaint. If you need to fill out this form, click the button below.
The C 25B form is an essential document used in Alabama's legal system, specifically designed for cases involving unlawful detainer. This form serves as an application and affidavit for the entry of default judgment against a defendant who has failed to respond to a complaint. By completing this form, the plaintiff formally requests the court to recognize that the defendant has not taken any action to defend themselves against the allegations presented. The form requires the affiant—usually the plaintiff or their attorney—to provide personal knowledge of the case and detail the circumstances surrounding the unlawful detainer complaint. Key elements include the date the complaint was served, the number of days that have passed without a response, and confirmation that the defendant is neither an infant nor incompetent. Additionally, the form addresses the status of the defendant regarding military service, outlines the conditions for judgment, and specifies details about the rental property in question. The C 25B form is crucial for plaintiffs seeking to regain possession of their property and to ensure that their rights are upheld in the judicial process.
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The C 25B Alabama form is a critical document used in the process of obtaining a default judgment in unlawful detainer cases. However, several other forms and documents often accompany it to ensure a complete and effective legal process. Below are four commonly used documents that support the C 25B form.
These documents work in tandem with the C 25B form to provide a comprehensive framework for pursuing a default judgment in unlawful detainer cases. Properly preparing and filing these forms can significantly impact the outcome of the legal process.
Completing the C 25B form is essential for pursuing a default judgment in Alabama. This process requires careful attention to detail to ensure accuracy and compliance with legal standards. Follow the steps below to fill out the form correctly.
After completing the form, ensure all attachments are included and submit it to the appropriate court. This step is crucial for moving forward with your case and obtaining the judgment you seek.
Understanding the C 25B Alabama form can be challenging, and misconceptions can lead to confusion. Here are five common misconceptions about this form, along with clarifications to help navigate the process more easily.
This form is designed for plaintiffs in unlawful detainer actions, which can include landlords, property managers, or any party seeking possession of a property. It’s not limited to landlords alone.
Serving the defendant with the unlawful detainer complaint is a crucial step. The C 25B form requires proof that the complaint was served or posted, ensuring the defendant is aware of the legal action.
While the form is a request for a default judgment, it does not guarantee one. The court will review the case and determine if all legal requirements have been met before granting a judgment.
Only the affiant, who has personal knowledge of the facts, should complete the form. This ensures that the information provided is accurate and credible, which is essential for the court’s consideration.
The affidavit is a key component of the C 25B form. It provides sworn statements about the case, including details about service and the defendant's lack of response. Skipping this step could jeopardize the request for a default judgment.
By addressing these misconceptions, individuals can approach the C 25B Alabama form with a clearer understanding, leading to a more effective legal process.
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