Application And Affidavit For Entry Of Default {CS-5}

State of Alabama Unified Judicial System Form CS-5 Rev. 11/2012 APPLICATION AND AFFIDAVIT FOR ENTRY OF DEFAULT (PATERNITY/SUPPORT) Court Case Number IN THE ______________________________________COURT OF ___________________________, COUNTY, ALABAMA (Circuit or District) (Name of County) _______________________________________________ v. ____________________________________________________ Defendant Plaintiff I, ______________________________ (Name of Affiant), request that the clerk of court, pursuant to Rule 55(a), Alabama Rules of Civil Procedure (Ala.R.Civ.P.), enter a 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 Defendant was served with a Summons and a copy of the Petition for Support Contempt Partition for Modification on __________________ (date). Complaint for Paternity Petition for 3. That more than ________ days have elapsed since the Defendant was served with a Summons and a copy of the above-checked Petition or Complaint. 4. That the Defendant has failed to answer or otherwise defend against the Plaintiff's Petition or Complaint. 5. That this Affidavit is executed by the Affiant in accordance with Rule 55(a), Ala.R.Civ.P., for the purpose of enabling the plaintiff to obtain an entry of default against the Defendant, for the Defendant's failing to answer or otherwise defend against the Plaintiff's Petition or 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. Pursuant to Rule 55(a), Ala.R.Civ.P., the Affiant requests entry of default. Signature of Affiant: ____________________________________ Affiant's Home or Business Address (if not represented by an attorney): Sworn To and Subscribed Before Me this date: ________________________ ____________________________________________ Officer's Signature Title _____________________________________________________ _____________________________________________________ City State Zip Code Name of Attorney: ______________________________________ Signature of Attorney: ___________________________________ Business Address of Attorney: ____________________________ _____________________________________________________ City State Zip Code Entry of default is hereby entered against the above-named Defendant. _________________________ Date _____________________________________________________ Clerk CERTIFICATE OF SERVICE ON OTHER PARTIES I hereby certify that a copy of this Application, Affidavit, and Entry of Default (Paternity/Support) has been sent, by first class mail, postage prepaid, to all parties who are not in default in this case. Signed ____________________________ Rule 55(a), Ala.R.Civ.P. *Separate form shall be completed for each defendant in cases involving multiple defendants. Original: Court File Copy: Plaintiff Copy: Defendant American LegalNet, Inc. www.FormsWorkFlow.com