The C 25B Alabama form is an application and affidavit used to request a default judgment in cases of unlawful detainer. This form allows a plaintiff to formally notify the court that a defendant has failed to respond to a complaint regarding the unlawful detainer. By following the necessary procedures outlined in the form, plaintiffs can seek legal recourse effectively.
The C 25B Alabama form is a crucial document in the process of obtaining a default judgment in unlawful detainer cases. This form is used by plaintiffs when a defendant fails to respond to a complaint regarding unlawful detainer. It allows the plaintiff to formally request that the court enter a default judgment against the defendant. Key components of the form include the affiant's personal knowledge of the facts, the date the unlawful detainer complaint was served, and confirmation that the defendant has not answered or defended against the complaint. Additionally, the affiant must provide details about the property involved, the rental amount, and any relevant notices or agreements. By using this form, plaintiffs can ensure they follow the necessary legal procedures to seek possession of their property and any associated monetary claims. Understanding the C 25B form is essential for anyone navigating the complexities of unlawful detainer actions in Alabama.
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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The C 25B Alabama form is similar to the C 25A form, which is also used in unlawful detainer actions. Like the C 25B, the C 25A requires the plaintiff to provide information about the complaint and the defendant's failure to respond. Both forms aim to assist in obtaining a default judgment, but the C 25A focuses more on the initial complaint rather than the request for default judgment.
Another document that shares similarities is the Motion for Default Judgment. This motion is filed when a defendant does not respond to a lawsuit. The Motion for Default Judgment outlines the reasons for seeking a judgment without the defendant's participation. Both documents serve to expedite the legal process when one party does not engage, ensuring that the plaintiff can move forward with their case.
The Affidavit of Service is also comparable to the C 25B form. This affidavit confirms that the defendant was properly served with legal documents. Both documents require the affiant to provide specific details about the service, including dates and methods. The Affidavit of Service supports the claims made in the C 25B by demonstrating that the defendant was notified of the legal action.
The Summons is another related document. It is issued to inform the defendant that a lawsuit has been filed against them. Like the C 25B, the Summons is essential for the court to establish jurisdiction over the defendant. Both documents play a crucial role in ensuring that the defendant has an opportunity to respond to the allegations made by the plaintiff.
The Complaint for Eviction is similar in that it initiates the unlawful detainer process. This document outlines the reasons for the eviction and provides a basis for the court's involvement. Both the Complaint for Eviction and the C 25B form are fundamental in establishing the legal grounds for seeking possession of property.
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The Certificate of Default is another document that aligns with the C 25B form. This certificate is issued by the court to confirm that a default has occurred due to the defendant's inaction. Both documents serve to formalize the process of moving forward with a default judgment, ensuring that all necessary steps have been taken.
The Request for Entry of Default is also similar. This request is made to the court when a defendant fails to respond within the specified time frame. The C 25B form and the Request for Entry of Default both focus on the need to proceed with legal action when one party does not engage in the process.
The Notice of Default is comparable as well. This notice informs the defendant that they have failed to respond or comply with the court's requirements. Both the Notice of Default and the C 25B form emphasize the importance of the defendant's participation in the legal process and the consequences of their inaction.
The Judgment by Default document is also relevant. This document officially records the court's decision when a default judgment is granted. Like the C 25B, the Judgment by Default confirms that the plaintiff's claims have been accepted due to the defendant's failure to respond, ensuring that the plaintiff's rights are upheld.
Lastly, the Affidavit in Support of Default Judgment is similar to the C 25B form. This affidavit provides evidence and details to support the request for a default judgment. Both documents require the affiant to present facts that justify the court's decision to grant a judgment without the defendant's involvement.
When filling out the C 25B Alabama form, consider the following key takeaways:
Completing this form accurately is essential for the legal process to proceed smoothly. Each detail matters in establishing the basis for the default judgment.
What is the purpose of the C 25B Alabama form?
The C 25B form is used to request the entry of a default judgment in cases of unlawful detainer. This form is essential when a defendant fails to respond to a complaint regarding unlawful detainer. By completing this form, the plaintiff can seek a judgment for possession of the property and any associated monetary claims.
Who can file the C 25B form?
The plaintiff, or their attorney, can file the C 25B form. The affiant must have personal knowledge of the facts presented in the affidavit and must be able to confirm that the defendant has not responded to the unlawful detainer complaint.
What information is required to complete the C 25B form?
To complete the C 25B form, the affiant must provide specific details including:
What happens after the C 25B form is filed?
Once the C 25B form is filed with the court, the clerk or judge will review the request. If the requirements are met, a default judgment may be entered against the defendant. This judgment can grant the plaintiff possession of the property and may include monetary damages if applicable.
Are there any specific conditions regarding the defendant that must be met?
Yes, the form requires the affiant to confirm that the defendant is not an infant or incompetent person and is not currently in military service. These conditions ensure that the defendant's rights are protected in accordance with applicable laws.