Motion For Default Judgment

STATE OF SOUTH DAKOTA COUNTY OF MINNEHAHA ) :SS ) IN CIRCUIT COURT SECOND JUDICIAL CIRCUIT CIV. _______ Plaintiff, vs. MOTION FOR DEFAULT JUDGMENT, APPLICATION FOR TAXATION OF COSTS AND NOTICE WITH SUPPORTING AFFIDAVIT Defendants. MOTION FOR DEFAULT JUDGMENT, APPLICATION FOR TAXATION OF COSTS, AND NOTICE MOTION AND APPLICATION: _________________, one of the attorneys for the Plaintiff, moves the Court for judgment by default against the Defendant(s) as prayed in the Complaint, after the expiration of ten (10) days from the date of service, and also hereby makes application for taxation of its costs and disbursements, as set forth hereinafter by Affidavit. NOTICE is also hereby given that any objections the plaintiff's application for taxation of costs must be in writing and served and filed with the Clerk of Courts within ten (10) day of the service of this Motion, Application, Notice and Affidavit, and be accompanied with a notice of hearing thereon and a concise statement of reasons why the costs should not be allowed. Dated this ________ day of ________________, 20____. ____________________________________ Attorney (address) (2nd Circuit Collection form #8, July 2004) (four pages) p. 1 American LegalNet, Inc. www.FormsWorkFlow.com AFFIDAVIT OF DEFAULT AND OF COSTS AND DISBURSEMENTS 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(s), on _______________, 20___, as more particularly appears by the Return(s) herein. More than thirty (30) days have elapsed since said completed service of the Summons and Complaint, and Defendant(s) has/have made no Answer, appearance or pleading and is/are now wholly in default. According to information and belief, Defendant(s) was/were not in the military service of the United States or any of its allies at the time this action was commenced nor now in the military or naval services of the United States, and is neither a minor nor an incompetent person. On the date of this Affidavit, there is due and payable on the claim as alleged in the Complaint, principal in the sum of $__________________ and interest in the sum of $__________________, for a total of $______________________. That the following disbursements and expenses are just and correct and have been, or will necessarily be, incurred in this action through the date of Judgment: Prejudgment Interest at 10% Service Fees Clerk's Fees Copying Costs $_________________ $_________________ $_________________ $_________________ Dated this ________ day of ________________, 20____. ______________________________ Attorneys Subscribed and sworn to before me This ____ day of ________, 20___. ____________________________ Notary Public, South Dakota My commission expires: (2nd Circuit Collection form #8, July 2004) (four pages) p. 2 American LegalNet, Inc. www.FormsWorkFlow.com CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the MOTION FOR DEFAULT JUDGMENT, APPLICATION FOR TAXATION OF COSTS AND NOTICE, WITH SUPPORTING AFFIDAVIT was mailed by first-class mail, postage prepaid, to the Defendant ____________________, at (his or her) last known address, __________________________________________________ , on the _____ day of __________, 20___. ______________________________ (2nd Circuit Collection form #8, July 2004) (four pages) p. 3 American LegalNet, Inc. www.FormsWorkFlow.com STATE OF SOUTH DAKOTA COUNTY OF MINNEHAHA _____________________________ ) :SS ) IN CIRCUIT COURT SECOND JUDICIAL CIRCUIT CIV. Plaintiff, vs. JUDGMENT AND ORDER APPROVING COSTS AND DISBURSEMENTS _____________________________ Defendant(s). It appearing in this action that the Defendant(s), having been regularly served with process and having failed to appear and answer, and the legal time for answering having expired, the default of the Defendant(s) having been duly entered, Now, upon said default and the files and records herein, the Court being fully advised in the premises, it is ORDERED, ADJUDGED AND DECREED that the Plaintiff, _______________, have and recover from the Defendant(s) _______________________ the principal sum of $«principal», together with Plaintiff's disbursements, to be immediately taxed and inserted by the Clerk in the sum of $________, including pre-judgment interest at 10% in the sum set forth in Plaintiff's affidavit, plus post-judgment interest at the legal rate until fully satisfied. Dated this ______ day of ____________, 20__. BY THE COURT: _________________________________ Judge ATTEST: Clerk of Courts By___________________________ Deputy (2nd Circuit Collection form #8, July 2004) (four pages) p. 4 American LegalNet, Inc. www.FormsWorkFlow.com