Affidavit Of Default

STATE OF SOUTH DAKOTA :SS COUNTY OF MINNEHAHA ) )IN CIRCUIT COURT SECOND JUDICIAL CIRCUIT CIV. Plaintiff, vs. AFFIDAVIT OF DEFAULT, MOTION FOR DEFAULT JUDGMENT (AND MOTION FOR APPROVAL OF ADDITIONAL DISBURSEMENTS) Defendant. AFFIDAVIT OF DEFAULT STATE OF SOUTH DAKOTA ) :SS COUNTY OF MINNEHAHA ) ________________, being first duly sworn on oath, deposes and states as follows: The Summons and Complaint in this action were personally served upon ___________, Defendant, on ______, as shown by the proofs of service. More than thirty (30) days have elapsed since the service of the Summons and Complaint. Defendant has made no Answer, appearance or pleading and is now wholly in default. According to information and belief, the Defendant is not in the military service of the United States or any of its allies, and is not a minor or an incompetent person. MOTION FOR DEFAULT JUDGEMNT (AND MOTION FOR APPROVAL OF ADDITIONAL DISBURSEMENTS) The Plaintiff, moves for judgment by default against the Defendant as prayed in the Complaint ((and for approval of ((pre-judgment interest)) ((and attorney's fees)). ((Plaintiff submits separately an (Affidavit as to Pre-Judgment Interest and Approval )(and an Affidavit as to Attorney's Fees and approval.)) Dated: _________________. American LegalNet, Inc. www.FormsWorkFlow.com ______________________________ Subscribed and sworn to before me _________________. Attorney for Plaintiff (address) ______________________________ Notary Public, South Dakota My commission expires: (2nd Circuit Default Judgment form #1, August, 2004) American LegalNet, Inc. www.FormsWorkFlow.com STATE OF SOUTH DAKOTA :SS COUNTY OF MINNEHAHA ) ) SECOND JUDICIAL CIRCUIT IN CIR CIV. Plaintiff, vs. ___________, Defendant. JUDGMENT Since the defendant has failed to answer or appear in any way, it is ORDERED, ADJUDGED AND DECREED that the Plaintiff _________________, recover from the Defendant ___________, the sum of $______, together with Plaintiff's disbursements, (including pre-judgment interest,) (and attorney's fees) to be taxed and inserted by the Clerk in the sum of $_______________. Dated this ______ day of ______________, 20___. BY THE COURT: ______________________________ Circuit Court Judge ATTEST: Charles M. Fechner, Clerk of Courts By ___________________________ Deputy (2nd Circuit Default Judgment form #2, August, 2004) American LegalNet, Inc. www.FormsWorkFlow.com STATE OF SOUTH DAKOTA :SS COUNTY OF MINNEHAHA ) ) SECOND JUDICIAL CIRCUIT CIV. IN CIR Plaintiff, vs. NOTICE OF ENTRY OF JUDGMENT AND APPLICATION FOR TAXATION OF DISBURSEMENTS Defendant. TO THE ABOVE-NAMED DEFENDANT(S): NOTICE OF ENTRY OF JUDGMENT You will please take notice that Judgment in the above-entitled action, a true and correct copy of which is served upon you, was filed and entered in the office of the Clerk of Courts, MINNEHAHA County, South Dakota, on the _______ day of _________________, 20__. APPLICATION FOR TAXATION OF DISBURSEMENTS Notice is given of Plaintiff's Disbursements in this action. Plaintiff hereby applies for taxation of such disbursements by the Clerk of Courts, and that any objections by defendant must be in writing, served and filed with the Clerk of Courts within ten (10) days of the service of this application. Prejudgment Interest at _____% --------------------------------------$ ____ Service fee-----------------------------------------------------------------$ ____ Clerk's fees---------------------------------------------------------------------$ 45.00 Attorney's fees (pursuant to SDCL 54-3-13)------------------------------$____ (Other allowable disbursements--list)--------------------------------------$____ TOTAL DISBURSEMENTS-------------------------------------$ _______ Principal---------------------------------------------------------------- $ ______ American LegalNet, Inc. www.FormsWorkFlow.com TOTAL JUDGMENT AND DISBURSEMENTS (TO BE ENTERED BY CLERK INTO JUDGMENT): --------$ _____ STATE OF SOUTH DAKOTA :SS COUNTY OF MINNEHAHA ) ) I, _________________, being first duly sworn on oath, depose and say that I am the attorney for the Plaintiff in the within entitled action; that the foregoing Bill of Disbursements is just and correct and that the same have been or will be necessarily incurred in said action. Dated this _______ day of ______________, 20__. _____________________________________ (signature of attorney) Subscribed and sworn to before me this _______ day of _____________, 20__. _____________________________ Notary Public, South Dakota My commission expires: CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the NOTICE OF ENTRY OF JUDGMENT AND APPLICATION FOR TAXATION OF DISBURSEMENTS, and JUDGMENT were mailed by first­class mail, postage prepaid, to the Defendant ___________, at (his or her) last known address, _______________, ___________, on the _______ day of _______________, 20__. ____________________________ __ (2nd Circuit Default Judgment form #3, August, 2004) American LegalNet, Inc. www.FormsWorkFlow.com STATE OF SOUTH DAKOTA :SS COUNTY OF MINNEHAHA ) )IN CIRCUIT COURT SECOND JUDICIAL CIRCUIT CIV. Plaintiff, vs. AFFIDAVIT FOR ATTORNEY'S FEES, STATEMENT OF ATTORNEYS FEES AND APPROVAL Defendant. STATE OF SOUTH DAKOTA :SS COUNTY OF MINNEHAHA ) ) __________, being first duly sworn, upon (his or her) oath deposes and says that (he or she) is the attorney for ________________, the Plaintiff in the above-entitled matter. Defendant's indebtedness, that is the basis of this action, was to a "regulated lender" as defined by SDCL 54-3-14, and Plaintiff is, therefore, entitled to recover its attorney's fees. The Defendant executed a contract, a copy of which is attached hereto as Exhibit A, in which the Defendant agreed upon default to pay all attorney's fees incurred in the collection of Defendant's indebtedness; therefore, the Plaintiff should be awarded its attorney's fees in accordance with SDCL 54-3-13. Attached hereto is a statement of attorney's fees and expenses that have been incurred or shall necessarily be incurred by Plaintiff in the above-entitled action. The amounts charged are fair and reasonable and total the sum of $_______________. American LegalNet, Inc. www.FormsWorkFlow.com Dated this _____ day of _____________, 20__. Subscribed and sworn to before me this _______ day of ______________, 20__. Notary Public, South Dakota My commission expires: ******************************************************************