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The C 25B Alabama form is a crucial document used in the legal process for obtaining a default judgment in cases of unlawful detainer. This form serves as an application and affidavit that allows a plaintiff to request the court to enter a default judgment against a defendant who has failed to respond to a complaint. The form requires specific information, including the case number, the names of the parties involved, and details about the property in question. It also outlines the necessary steps taken to serve the unlawful detainer complaint and confirms that the defendant has not answered or defended against the claim. Key components include affirmations regarding the defendant's status, such as whether they are an infant or in military service, and the conditions under which the judgment is sought. Additionally, the form mandates that the plaintiff disclose any rental payments received since the termination of the rental agreement and provides a space for detailing the accrued rent. By completing this form accurately, plaintiffs can facilitate the court's process in resolving disputes over property possession efficiently.
Misconceptions
Misconceptions about the C 25B Alabama form can lead to confusion and mistakes in the legal process. Here are seven common misconceptions:
- Misconception 1: The C 25B form can be used for any type of case.
- Misconception 2: A default judgment can be entered without any proof of service.
- Misconception 3: The defendant must be present for the default judgment to be granted.
- Misconception 4: The form guarantees a judgment in favor of the plaintiff.
- Misconception 5: The C 25B form can be filed without an attorney.
- Misconception 6: The form does not require any additional documentation.
- Misconception 7: Once filed, the process is automatic and requires no further action.
This form is specifically designed for unlawful detainer cases. It cannot be used for other types of legal matters.
Proof of service is essential. The form requires confirmation that the unlawful detainer complaint was served, posted, or mailed to the defendant.
The defendant does not need to be present. A default judgment can be entered if they fail to respond within the specified time frame.
While the form allows for the request of a default judgment, the court still has the discretion to approve or deny the request based on the evidence presented.
While individuals can file the form without legal representation, having an attorney can help ensure that all requirements are met and the process is followed correctly.
Additional documents, such as proof of service and the rental agreement, must be attached to the form when it is submitted.
The process requires ongoing attention. After filing, the plaintiff may need to attend a hearing or provide further documentation as requested by the court.
Example - C 25B Alabama Form
State of Alabama |
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APPLICATION AND AFFIDAVIT FOR |
Case Number |
Unified Judicial System |
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ENTRY OF DEFAULT JUDGMENT |
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Form |
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(FOR UNLAWFUL DETAINER) |
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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 |
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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:______________________________ |
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___________________________________ |
_____________________ |
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Officer’s Signature |
Title |
Name of Attorney:_______________________________________ |
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Signature of Attorney:____________________________________ |
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Business Address of Attorney:_____________________________ |
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________________________________________________________ |
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________________________________________________________ |
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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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Similar forms
The C 25B Alabama form is closely related to the Affidavit of Service, which is a document used to confirm that legal papers have been delivered to the involved parties. Just like the C 25B form, the Affidavit of Service requires the affiant to provide details about how and when the documents were served. This ensures that the court has a record of proper notification, which is essential for the legal process to proceed smoothly. Both documents emphasize the importance of following legal protocols to protect the rights of all parties involved.
Another document similar to the C 25B form is the Motion for Default Judgment. This motion is filed when a defendant fails to respond to a complaint within the specified time frame. The Motion for Default Judgment outlines the reasons for seeking a default and often includes a request for the court to issue a judgment in favor of the plaintiff. Like the C 25B, it seeks to establish that the defendant has not engaged in the legal process, thereby allowing the plaintiff to move forward with their claim without further delay.
The Complaint for Unlawful Detainer is another related document. This is the initial filing that a landlord submits when seeking to evict a tenant for reasons such as non-payment of rent or lease violations. The C 25B form builds upon this by requesting a default judgment based on the failure of the defendant to respond to the Complaint. Both documents serve as critical steps in the eviction process, outlining the legal grounds for the action and the necessary steps taken by the landlord.
The Answer to Complaint is also similar, as it is the document a defendant files in response to a Complaint for Unlawful Detainer. While the C 25B form is used when the defendant does not respond, the Answer provides the defendant's side of the story. This document is crucial for ensuring that the court hears both sides of the case. In essence, the C 25B form acts as a follow-up when no response is received, highlighting the importance of active participation in legal proceedings.
In the context of legal documentation and agreements in West Virginia, it is essential to understand how various forms facilitate the resolution of disputes. For instance, the Hold Harmless Agreement serves as a protective measure, ensuring that one party is not held liable for the actions or negligence of another during an activity. This type of agreement aligns with the need for clarity and risk management within legal proceedings, ensuring all parties are aware of their rights and responsibilities.
Lastly, the Notice to Quit is a document that landlords must provide to tenants before initiating an unlawful detainer action. This notice informs tenants that they must vacate the premises, typically due to non-payment of rent or lease violations. The C 25B form references the necessity of providing such a notice and proof of service, reinforcing the importance of following legal procedures to ensure that the eviction process is valid and enforceable. Both documents are essential in establishing a lawful basis for eviction actions.
Common mistakes
Filling out the C 25B Alabama form can be straightforward, but many people make common mistakes that can delay the process or lead to complications. One frequent error is failing to provide accurate case information. Ensure that the case number and names of the court and county are correct. Any discrepancies can result in the court rejecting the application.
Another mistake is neglecting to include the date when the unlawful detainer complaint was served. This date is crucial for calculating the time frame for the defendant's response. If this detail is missing, the court may not process the request for default judgment.
Many individuals also forget to specify the number of days that have elapsed since the complaint was served. This information is vital to demonstrate that the defendant has not responded within the legal timeframe. Leaving this blank can lead to unnecessary delays.
In addition, some applicants mistakenly indicate that the defendant is in military service when they are not. This can complicate the case, as special protections exist for military members. Always verify the defendant's status before making this declaration.
Another common oversight is failing to check the appropriate box regarding judgment conditions. Whether you want a waiver of exemptions or not should be clearly indicated. This choice affects the outcome of the judgment and should not be overlooked.
When describing the property involved in the unlawful detainer, many people provide incomplete or vague information. This section must be detailed and precise to avoid confusion. Make sure to include all relevant details about the property.
Some applicants forget to attach necessary documents, such as the termination notice and proof of service. These documents are essential for supporting your case. Without them, the court may dismiss the application.
Another mistake involves miscalculating the rental amounts due. Be meticulous when filling out the monthly rental amount and the total accrued since the filing date. Errors here can lead to disputes and delays in judgment.
Lastly, individuals often neglect to have the affidavit notarized properly. The officer's signature and title are required for the affidavit to be valid. Ensure that this step is completed to avoid any issues with the court.
By being mindful of these common mistakes, you can streamline the process and increase the likelihood of a successful outcome when filing the C 25B form.