The Alabama C 25A form is an official document used to request a default judgment in Alabama's court system. This form allows a plaintiff to seek judgment against a defendant who has failed to respond to a legal complaint. It is essential for ensuring that the judicial process continues smoothly when a defendant does not participate in the case.
The Alabama C 25A form serves as a crucial tool in the legal process for obtaining a default judgment against a defendant who has failed to respond to a plaintiff's complaint. This form is utilized within the Unified Judicial System of Alabama, specifically designed to facilitate the entry of default judgments in both Circuit and District Courts. By completing this form, the affiant—typically the plaintiff or their legal representative—requests the court to recognize the defendant's lack of response as a basis for judgment. Key components of the form include the affiant's sworn statement of facts, which establishes that the defendant was properly served with legal documents and has not made any attempt to defend against the claims made. Additionally, the form requires details about the amount being claimed, including principal, interest, and any attorney fees, while also confirming that the defendant is not a minor or incompetent and is not currently in military service. This structured process not only streamlines the legal proceedings but also ensures that all parties are treated fairly under the law.
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
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The Alabama C 25A form is similar to the Notice of Default form, commonly used in various jurisdictions. Both documents serve to notify the court of a party's failure to respond to legal proceedings. The Notice of Default outlines the circumstances leading to the default, including service of process and the timeline of events. Just like the C 25A form, it requires the party seeking relief to affirm that the opposing party has not engaged in the legal process. This ensures that the court is aware of the default status and can take appropriate action, such as entering a judgment.
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Another document comparable to the Alabama C 25A form is the Motion for Summary Judgment. This motion is filed when one party believes there is no genuine dispute over material facts and seeks a judgment based on the evidence presented. Similar to the C 25A form, the Motion for Summary Judgment requires an affidavit or declaration to support the claims made. Both documents aim to expedite the judicial process by allowing the court to render a decision without the need for a full trial, contingent upon the absence of a defense from the opposing party.
The Complaint form is also akin to the Alabama C 25A form. A Complaint initiates a lawsuit and outlines the plaintiff's claims against the defendant. While the C 25A form is used after a defendant fails to respond, the Complaint sets the stage for the legal action. Both documents require specific information about the parties involved and the nature of the claims. The Complaint details the plaintiff's position, while the C 25A form seeks a default judgment due to the defendant's inaction, reflecting the progression of the case through the judicial system.
Additionally, the Affidavit of Service is similar to the Alabama C 25A form in that it provides proof of the delivery of legal documents to the defendant. This affidavit confirms that the defendant has been properly served with the Complaint and summons, a critical step before a default judgment can be pursued. Both documents emphasize the importance of adhering to procedural requirements, ensuring that all parties are notified and that the court has the necessary information to proceed with the case.
Lastly, the Request for Entry of Default form parallels the Alabama C 25A form. This document is filed when a plaintiff seeks a formal acknowledgment from the court that the defendant has failed to respond within the designated timeframe. Similar to the C 25A form, the Request for Entry of Default requires the plaintiff to demonstrate that the defendant was served and has not taken any action to defend against the claims. Both documents facilitate the process of obtaining a judgment by confirming the defendant's default status, thereby allowing the court to move forward with the case.
The Alabama C 25A form is used to request a default judgment against a defendant who has not responded to a complaint.
Ensure that the form is filled out completely and accurately to avoid delays in processing.
Personal knowledge of the facts is essential; the affiant must be prepared to attest to the information provided.
The defendant must have been served with a summons and complaint, and this date must be clearly noted on the form.
It is important to confirm that the required number of days has passed since the defendant was served, as this impacts eligibility for default judgment.
The affiant must state whether the defendant is a minor, incompetent, or in military service, as this affects the legal process.
Specify the amount of money claimed, detailing principal balance, interest, and any attorney fees if applicable.
Indicate whether the judgment should be entered with or without waiver of exemptions, as this can influence the outcome.
After completing the form, it must be sworn and signed before a notary public or other authorized officer.
What is the Alabama C 25A form?
The Alabama C 25A form is an official document used to request a default judgment in civil cases. This form is filed in the Circuit or District Court of Alabama when a defendant fails to respond to a plaintiff’s claim. By completing this form, the plaintiff can ask the court to rule in their favor due to the defendant's lack of response.
Who can file the C 25A form?
The form can be filed by the plaintiff or their attorney. The person filing, known as the affiant, must have personal knowledge of the facts in the case. This means they should be familiar with the details of the situation and the defendant’s failure to respond.
What information is required on the form?
Several key pieces of information must be included on the form. This includes:
What happens after I file the C 25A form?
Once you file the C 25A form, the court will review it. If everything is in order and the defendant has indeed failed to respond, the court will issue a default judgment. This judgment may include monetary damages or the right to possession of property, depending on what is requested in the form.
Is there a fee to file the C 25A form?
Yes, there is a filing fee associated with submitting the C 25A form for a default judgment. This fee is required by law and must be paid at the time of filing. Make sure to check with the court for the exact amount.
What if there are multiple defendants?
If your case involves multiple defendants, you will need to complete a separate C 25A form for each defendant. Each form must be filed individually to ensure the court can properly address each case.