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The Alabama C 25A form plays a crucial role in the legal process for obtaining a default judgment in civil cases within the state. This application and affidavit, specifically designed for use in the Unified Judicial System, allows a plaintiff to formally request the court to enter a default judgment against a defendant who has failed to respond to a lawsuit. Essential components of the form include the case number, the names of the parties involved, and the court's designation, whether it is a Circuit or District court. The affiant, typically the plaintiff or their representative, must provide sworn statements affirming that the defendant was properly served with the necessary legal documents and has not taken any action to defend against the claims made. Furthermore, the form requires details about the amount claimed, including principal balances, interest, and any attorney fees, which must be determined by the judge. It is important to note that the form also addresses specific conditions, such as whether the judgment should include a waiver of exemptions and whether the defendant is in military service. By following the guidelines set forth in Rule 55(b) of the Alabama Rules of Civil Procedure, this form ensures that the process for securing a default judgment is conducted fairly and in accordance with the law, ultimately allowing plaintiffs to seek resolution when defendants do not engage in the legal proceedings.
Misconceptions
When it comes to the Alabama C 25A form, there are several common misconceptions that can lead to confusion. Understanding the truth behind these myths is crucial for anyone involved in a legal process regarding default judgments.
- The C 25A form is only for large cases. Many believe that this form is reserved for high-stakes litigation. In reality, the Alabama C 25A form can be used for any case where a defendant fails to respond, regardless of the amount in question.
- Filing the C 25A form guarantees a judgment. Some individuals think that simply submitting this form will automatically result in a default judgment. However, the court still needs to review the application and may require additional information or hearings before making a decision.
- Only attorneys can file the C 25A form. There is a misconception that only licensed attorneys can submit this form. In fact, individuals can file it themselves as long as they meet the necessary requirements and understand the process involved.
- The form can be submitted without proof of service. Many people mistakenly believe that they can file the C 25A form without demonstrating that the defendant was properly served. Proof of service is a crucial part of the process, as the court needs to ensure that the defendant had the opportunity to respond.
By clearing up these misconceptions, individuals can navigate the process of seeking a default judgment more effectively. Understanding the requirements and implications of the Alabama C 25A form is essential for achieving the desired outcomes in legal matters.
Example - Alabama C 25A Form
State of Alabama |
APPLICATION AND AFFIDAVIT FOR |
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Case Number |
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Unified Judicial System |
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Form |
ENTRY OF DEFAULT JUDGMENT |
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IN THE ______________________________________COURT OF _____________________________________, ALABAMA |
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(Circuit or District) |
(Name of County) |
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_______________________________________________ v. ____________________________________________________
Plaintiff |
Defendant |
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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,
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Chapter 19, Title 5. |
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That the defendant |
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is not in military service. |
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Judgment Conditions: with without waiver of exemptions. |
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9. That the amount of money claimed by the defendant to the plaintiff is |
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THE SUM OF |
$________________, which is to be determined as follows: |
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Principal Balance |
$________________ |
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Interest |
$________________ |
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Attorney Fee |
$________________ (if requesting attorney’s fees, it must be determined by the judge, not the clerk). |
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(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: |
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By the Court |
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By the Clerk |
Sworn To and Subscribed Before Me This |
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Date: ___________________ |
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________________________ |
__________________ |
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Officer’s Signature |
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Title |
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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: ____________________________
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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 |
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affidavit above. |
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_________________________ |
_____________________________________________________ |
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Date |
Judge/Clerk |
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CERTIFICATE OF SERVICE ON OTHER PARTIES |
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I hereby certify that a copy of this Application, Affidavit, and Entry of Default Judgment has been |
Signed ________________________ |
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sent, by first class mail, postage prepaid, to all parties who are not in default in this case. |
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Rule 55, ARCP
* Separate form shall be completed for each defendant in cases involving multiple defendants.
Pursuant to Ala. Code 1975,
Original – Court File |
Copy – Plaintiff |
Copy - Defendant |
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Similar forms
The Alabama C 25A form is similar to the Motion for Default Judgment form used in various jurisdictions. This document serves the same purpose: to request a court to enter a default judgment against a defendant who has failed to respond to a complaint. Like the C 25A form, it requires the plaintiff to provide evidence that the defendant was properly served and that the time for response has elapsed. Both documents must be signed by the plaintiff or their attorney and may require a sworn affidavit detailing the circumstances surrounding the default.
Another comparable document is the Affidavit of Service. This document proves that the defendant was served with legal papers, which is a critical step before seeking a default judgment. The Affidavit of Service typically includes the date of service, the method used, and the identity of the person served. The C 25A form relies on this information to establish that the court has jurisdiction over the defendant, ensuring that the legal process is upheld.
The Request for Entry of Default form is also similar. This document is filed to formally notify the court that the defendant has not responded to the complaint. The C 25A form builds upon this by requesting a judgment based on that default. Both documents require information about the case and the defendant's lack of response, but the C 25A form goes a step further by asking for a monetary judgment or possession of property.
The North Carolina Transfer-on-Death Deed form is a valuable tool for property owners aiming to streamline the process of transferring real estate upon their death without the complications of probate. This form not only simplifies the transfer process but also provides peace of mind, ensuring that property is passed to intended beneficiaries according to the owner's wishes. For more information on this process, visit todform.com/blank-north-carolina-transfer-on-death-deed/.
The Notice of Default is another related document. This notice informs the defendant of their failure to respond and warns them that a default judgment may be entered against them. While the C 25A form is used to actually request the judgment, the Notice of Default serves as a preliminary step, giving the defendant one last chance to respond before further legal action is taken.
The Judgment by Default form is similar in that it is used to formally record the court's decision to grant a default judgment. Once the C 25A form is approved by the court, a Judgment by Default is issued, finalizing the decision. Both documents are integral to the process of securing a judgment when a defendant does not participate in the proceedings.
The Application for Writ of Possession is another document that shares similarities with the C 25A form. This application is used when a plaintiff seeks to regain possession of property after a default judgment has been granted. The C 25A form can lead to a judgment that includes the right to possession, making the Application for Writ of Possession a subsequent step in enforcing that judgment.
The Petition for Relief from Default Judgment is also relevant. This document allows a defendant to request that a court set aside a default judgment if they can show valid reasons for their failure to respond. This contrasts with the C 25A form, which is used to request the judgment in the first place, but both documents are part of the same legal process regarding defaults.
The Certificate of Service is a document that verifies that all parties involved in the case have been notified of the proceedings. This is crucial in the context of the C 25A form, as it ensures that the defendant is aware of the default judgment request. Both documents emphasize the importance of communication and transparency in legal proceedings.
Lastly, the Statement of Claim or Complaint is foundational to the default judgment process. This document initiates the legal action against the defendant and outlines the plaintiff's claims. The C 25A form relies on the existence of this initial document to establish the basis for seeking a default judgment, making it a critical component of the overall legal procedure.
Common mistakes
Filling out the Alabama C 25A form requires attention to detail. One common mistake is failing to provide complete information about the defendant. The form asks for specific details such as the defendant's name and address. Omitting any of this information can lead to delays or rejection of the application. Ensure that all fields are filled out accurately to avoid complications.
Another frequent error involves the date of service. Many applicants neglect to include the date when the defendant was served with the summons and complaint. This date is crucial, as it establishes the timeline for the case. Without it, the court cannot determine if the required waiting period has elapsed. Be diligent in documenting this date clearly on the form.
Many people also miscalculate the number of days that have passed since the defendant was served. The form requires a specific number of days to be filled in. If this number is incorrect, it may invalidate the request for default judgment. Double-check your calculations to ensure accuracy and compliance with the rules.
Additionally, some individuals mistakenly indicate that the defendant is in military service when they are not. This is a serious error, as it can affect the legal process significantly. Always verify the defendant’s status before making this declaration. If unsure, it may be wise to seek further information or clarification.
Another mistake often seen is the improper completion of the judgment conditions section. Applicants sometimes forget to check the appropriate boxes for whether the judgment is with or without a waiver of exemptions. This oversight can lead to confusion about the terms of the judgment. Take a moment to review this section carefully before submission.
Lastly, many individuals fail to sign the form properly. Both the affiant and the officer must sign and date the document. Neglecting to do so can result in the application being deemed incomplete. Ensure that all necessary signatures are present to facilitate a smooth processing of the request.