Alabama Form C 25A PDF Details

In the legal landscape of Alabama, the Application and Affidavit for Entry of Default Judgment, or Form C-25A, serves a critical function within the judicial system. This form acts as a bridge for plaintiffs seeking justice when defendants fail to respond to legal claims against them. Essentially, it is a procedural step that comes into play after a defendant does not plead, answer, or otherwise defend themselves in a case, signaling a default on their part. The Alabama Rules of Civil Procedure, specifically Rule 55(b), lay the framework for this process, outlining how a plaintiff can request the court either through its clerk or a judge, to pass a default judgment. The form requires detailed inputs including personal affirmations of knowledge regarding the case facts, evidence of the defendant being duly served, and the passage of a specified period without any defense from the defendant's side. Moreover, it necessitates a declaration that the defendant is neither a minor nor incompetent, and that they are not actively serving in the military, assuring the protection of their rights. Significantly, the form also touches upon the financial claims involved, including the principal sum alongside any interest, attorney fees, or other costs, as well as the judgment conditions like exemptions waiver. By submitting this form, a plaintiff essentially seeks the court's acknowledgment of the defendant's failure to act, leading to a judgment by default that resolves the case in favor of the plaintiff. Operating within the legal framework, it underscores the court's adherence to due process while facilitating a resolution in instances where a defendant abstains from participation.

QuestionAnswer
Form NameAlabama Form C 25A
Form Length1 pages
Fillable?No
Fillable fields0
Avg. time to fill out15 sec
Other namesenabling, pursuant, Subscribed, Alabama

Form Preview Example

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

How to Edit Alabama Form C 25A Online for Free

Any time you need to fill out Subscribed, you won't have to download and install any applications - just try using our online tool. The tool is consistently improved by our staff, getting additional features and becoming better. With some easy steps, it is possible to begin your PDF journey:

Step 1: Click on the "Get Form" button above. It'll open our pdf tool so you can start filling out your form.

Step 2: With this advanced PDF tool, you are able to accomplish more than merely fill in blank form fields. Express yourself and make your documents seem perfect with customized text added, or tweak the file's original content to excellence - all that comes along with an ability to insert stunning images and sign the file off.

It is an easy task to finish the document using this detailed guide! This is what you need to do:

1. Begin filling out your Subscribed with a selection of essential blank fields. Consider all of the important information and ensure there is nothing forgotten!

The right way to prepare ARCP portion 1

2. Once your current task is complete, take the next step – fill out all of these fields - Chapter Title That the, Judgment Conditions, with without waiver of exemptions, That the amount of money claimed, THE SUM OF, which is to be determined as, Principal Balance Interest , If provided by contract note or law, SPECIFY PROPERTY Describe on a, The affiant requests entry of, Sworn To and Subscribed Before Me, Date , Officers Signature, Title, and Name of Affiant with their corresponding information. Make sure to double check that everything has been entered correctly before continuing!

Part number 2 in submitting ARCP

As to If provided by contract note or law and with without waiver of exemptions, ensure that you double-check them in this current part. The two of these are viewed as the key ones in this file.

3. In this particular stage, have a look at Default judgment is hereby, Date Default judgment is hereby, JudgeClerk, JudgeClerk, CERTIFICATE OF SERVICE ON OTHER, Rule ARCP, Separate form shall be completed, Copy Defendant, and Copy Plaintiff. Each one of these will have to be taken care of with utmost awareness of detail.

ARCP conclusion process detailed (portion 3)

Step 3: Before finishing this document, ensure that form fields were filled in the right way. As soon as you believe it is all fine, press “Done." Find your Subscribed once you join for a 7-day free trial. Easily view the pdf in your FormsPal account, along with any edits and adjustments being automatically preserved! FormsPal provides safe document tools with no personal data recording or sharing. Feel safe knowing that your information is secure with us!

Alabama Form C 25A isn’t the one you’re looking for?

Related Documents