Application And Affidavit For Entry Of Default Judgment {CS-5.1}

State of Alabama Unified Judicial System Form CS-5.1 Rev. 11/2012 APPLICATION AND AFFIDAVIT FOR ENTRY OF DEFAULT JUDGMENT (PATERNITY/SUPPORT) Court Case Number IN THE ______________________________________COURT OF ___________________________ COUNTY, ALABAMA (Circuit or District) (Name of County) _______________________________________________ v. ____________________________________________________ Plaintiff Defendant I, ____________________________ (Name of Affiant), request that the clerk of court, or judge, pursuant to Rule 55(b), Alabama Rules of Civil Procedure (Ala.R.Civ.P.), 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 Petition for Support for Contempt Petition for Modification on __________________ (date). Complaint for Paternity Petition 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(b), Ala.R.Civ.P., 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 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 8. Judgment Conditions: 9. That the amount of THE SUM OF Principal Balance is is not in military service. with without waiver of exemptions. spousal support claimed by the Defendant to the Plaintiff is child support $________________, which is to be determined as follows: $________________ 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) 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 _____________________________________________________ _____________________________________________________ City State Zip 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 CERTIFICATE OF SERVICE ON OTHER PARTIES I hereby certify that a copy of this Application, Affidavit, and Entry of Default Judgment (Paternity/Support) has been sent, by first class mail, postage prepaid, to all parties who a are not in default in this case. Signed ________________________ Rule 55, Ala.R.Civ.P. Original: Court File Copy: Plaintiff Copy: Defendant American LegalNet, Inc. www.FormsWorkFlow.com