The Alabama C 25A form is an official document used to request a default judgment in the state of Alabama. This form allows a plaintiff to seek a judgment when a defendant fails to respond to a lawsuit. Understanding how to properly fill out this form is essential for ensuring that your legal rights are protected.
To begin the process of obtaining a default judgment, click the button below to fill out the Alabama C 25A form.
The Alabama C 25A form serves a crucial role in the legal process for obtaining a default judgment in civil cases. This form is designed for use in both Circuit and District Courts across Alabama. It allows a plaintiff to formally request that the court enter a default judgment against a defendant who has failed to respond to a summons or complaint. The form requires the affiant, typically the plaintiff or their representative, to provide personal knowledge of the case details, including the date the defendant was served and the time elapsed since that service. Essential information such as the amount claimed, any attorney fees, and whether the defendant is in military service must also be included. The form ensures that the legal requirements set forth in the Alabama Rules of Civil Procedure are met, providing a structured way to document the request for judgment. Additionally, it includes sections for the affiant’s signature, the judge or clerk’s approval, and a certificate of service to confirm that all parties involved have been notified. By following this process, plaintiffs can seek resolution in cases where defendants do not engage in the legal proceedings.
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.
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
Filling out the Alabama C 25A form is an essential step in seeking a default judgment against a defendant who has not responded to a legal claim. After completing this form, you will submit it to the appropriate court, along with any required fees, to initiate the process of obtaining a default judgment.
What is the Alabama C 25A form?
The Alabama C 25A form is an application and affidavit used to request a default judgment in civil cases. It is filed with the court when a defendant fails to respond to a lawsuit. This form allows the plaintiff to seek a judgment without the defendant's participation, provided the necessary legal requirements are met.
When should I use the C 25A form?
You should use the C 25A form when the defendant has been served with a summons and a copy of the complaint but has not filed a response or defended against the claim within the time frame specified by law. This form is particularly useful when you want to expedite the process of obtaining a judgment in your favor.
What information do I need to complete the C 25A form?
To complete the C 25A form, you will need to provide details such as the case number, names of the parties involved, the date the defendant was served, and the number of days that have passed since service. Additionally, you must specify the amount of money claimed and indicate whether the judgment should be with or without a waiver of exemptions.
How do I know if the defendant is in military service?
To determine if the defendant is in military service, you may need to check the Department of Defense Manpower Data Center or use the Servicemembers Civil Relief Act (SCRA) database. It is important to ensure that the defendant's military status is verified, as special protections may apply to those serving in the military.
What happens after I submit the C 25A form?
Once you submit the C 25A form, the court will review it. If everything is in order and the requirements are met, the court will issue a default judgment in favor of the plaintiff. This judgment can include monetary damages or possession of property, depending on what is requested in the application.
Is there a filing fee associated with the C 25A form?
Yes, there is a filing fee required when submitting the C 25A form to the court. This fee varies by jurisdiction, so it is advisable to check with the local court for the exact amount. Payment is typically made at the time of filing.
Can I request attorney's fees in the C 25A form?
Yes, you can request attorney's fees in the C 25A form. However, it is important to note that the amount must be determined by the judge, not the clerk. Be prepared to provide justification for the requested fees if the judge requires it.
What should I do if there are multiple defendants?
If there are multiple defendants in your case, you must complete a separate C 25A form for each defendant. This ensures that each defendant is properly accounted for and that the court can issue judgments as necessary for each party involved.
How do I serve the C 25A form to other parties?
You must certify that a copy of the C 25A form has been sent to all parties not in default in the case. This is typically done by mailing a copy via first-class mail, with postage prepaid. Ensure that you keep a record of this service for your files.
What if I need assistance with the C 25A form?
If you need assistance with completing the C 25A form, consider reaching out to a legal professional or a local legal aid organization. They can provide guidance and ensure that your form is filled out correctly to avoid delays in the process.
When completing the Alabama C 25A form, individuals often make several common mistakes that can lead to delays or complications in the legal process. One frequent error is failing to provide accurate information about the defendant. It is essential to ensure that the name and address of the defendant are correct. Any discrepancies can result in the court rejecting the application for default judgment.
Another mistake involves the date of service. Applicants sometimes forget to fill in the date when the defendant was served with the summons and complaint. This information is crucial, as it establishes the timeline for the defendant's response. If the date is missing or incorrect, it could undermine the claim for a default judgment.
People also often overlook the requirement to specify the amount of money claimed. The form requires a detailed breakdown of the total amount, including principal balance, interest, and attorney fees. Failing to include this information or providing incomplete figures can lead to confusion and potentially delay the judgment process.
In addition, applicants may neglect to indicate whether the defendant is in military service. This is an important consideration, as it affects the legal rights of the defendant and the ability to proceed with a default judgment. Omitting this information can result in legal complications and may require additional steps to resolve.
Lastly, individuals sometimes forget to sign the affidavit or have it properly notarized. The signature of the affiant and the notary's acknowledgment are critical components of the form. Without these, the application may be deemed invalid, leading to further delays in obtaining the desired judgment.
When pursuing a default judgment in Alabama, several documents may accompany the Alabama C 25A form. Each of these forms plays a crucial role in the legal process and helps ensure that all necessary information is presented to the court. Below are some commonly used documents.
These documents collectively support the process of obtaining a default judgment and help ensure that the rights of all parties are respected. Proper preparation and submission of these forms can significantly impact the outcome of the case.
The Alabama C 25A form is used for requesting a default judgment. It has similarities with several other legal documents. Below are four documents that share characteristics with the C 25A form:
When filling out the Alabama C 25A form, it is essential to follow specific guidelines to ensure accuracy and compliance. Here are nine important dos and don’ts to consider:
Adhering to these guidelines will facilitate a smoother process in obtaining a default judgment. It is crucial to approach this task with diligence and attention to detail.
Misconceptions about the Alabama C 25A form can lead to confusion and errors in the legal process. Here are four common misconceptions:
When filling out and using the Alabama C 25A form, it is essential to follow certain guidelines to ensure a smooth process. Here are some key takeaways:
By keeping these points in mind, you can navigate the process of using the Alabama C 25A form more effectively.