Form C 25B Alabama PDF Details

In Alabama, the legal landscape surrounding real estate and the termination of rental agreements often necessitates a formal process to resolve disputes concerning unlawful detainer. The State of Alabama Application and Affidavit for Entry of Default Judgment, known as Form C-25B, plays a pivotal role in this process within the state's judicial system. This form, revised in June 2007, serves as a critical tool for plaintiffs seeking to obtain a default judgment against defendants who fail to respond to unlawful detainer complaints. The procedure, governed by Rule 55(b) of the Alabama Rules of Civil Procedure (ARCP), allows a clerk or judge to declare a default judgment when a defendant has not pleaded, answered, or otherwise defended against the complaint. Key aspects of the form include a declaration of personal knowledge of the case facts, proof of service of the unlawful detainer complaint, and conditions under which the judgment is sought, including with or without waiver of exemptions. It also details the properties in question, stipulates against the acceptance of rent post-complaint, and mandates the attachment of termination notices and rental agreements. Additionally, it outlines the financial aspects of the rental agreement up until the filing date. This provision underlines the comprehensive nature of Form C-25B in facilitating a resolution to disputes over property possession and the recovery of owed monies, thereby representing a significant measure within Alabama's legal framework to address such conflicts efficiently.

QuestionAnswer
Form NameForm C 25B Alabama
Form Length1 pages
Fillable?No
Fillable fields0
Avg. time to fill out15 sec
Other namesAla, 1975, ARCP, C-25B

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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

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state of alabama unified judicial system form c 25b completion process clarified (portion 2)

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