Default Application Affidavit and Entry (In F.E.D. Action) Form. This is a Alaska form and can be use in Civil Statewide.
Tags: Default Application Affidavit and Entry (In F.E.D. Action), CIV-740, Alaska Statewide, Civil
IN THE DISTRICT/SUPERIOR COURT FOR THE STATE OF ALASKA AT ) ) ) ) ) ) ) ) ) DOB Plaintiff, vs. DOB DOB Defendant(s). CASE NO. DEFAULT APPLICATION, AFFIDAVIT AND ENTRY (IN F.E.D. ACTION) APPLICATION The defendant has not filed a written answer to the complaint or otherwise defended this action. Therefore, plaintiff requests that the clerk of court enter the defendant’s default as provided in Civil Rule 55. AFFIDAVIT I solemnly swear (or affirm) that the following facts are true to the best of my knowledge: 1. The summons and complaint were served on the following defendant(s) by process server or peace officer. A Return of Service for each defendant has been filed with the court or is attached. Defendant’s Name Date Served 2. The defendant has not filed a written answer to the complaint. 3. The defendant is not a minor under age 18 or an incompetent person. 4. Regarding the defendant’s military status: The defendant is in active military service. The defendant is not in military service. I am unable to determine whether or not the defendant is in military service. My knowledge and belief about the defendant’s military status is based on the following facts: 5. Calculation of amount owed to plaintiff. (Attach receipts, invoices, rental agreement, etc. as proof of each amount owed.) a. Unpaid Rent: $ (list each month & amount unpaid that month) b. (total unpaid rent) Damages to Premises (Itemize) $ $ $ Total Damages c. Late Fee (if allowed by rental agreement or lease) $ Subtotal of Amount Due (rent, damages, and late fee) Page 1 of 3 CIV-740 (4/12)(cs) DEFAULT APPLICATION, AFFIDAVIT AND ENTRY – F.E.D. $ $ Civil Rules 55 and 85(a)(5) American LegalNet, Inc. www.FormsWorkFlow.com v. d. Case No. Subtract Amounts Defendant Paid to Plaintiff: Security Deposit. No Yes, in the amount of $ Other Payments. No Yes, in the amount of $ Subtotal of Amounts Paid ($ ) TOTAL AMOUNT OWED TO PLAINTIFF $ (Subtract amount paid from amount due.) 5. Costs Filing Fee $ Service Fee $ Other Costs: $ Total Costs $ 6. Actual Attorney Fees $ (Civil Rule 82(b)(4) determines the amount of attorney fees that will be awarded.) 7. Prejudgment Interest I do not request prejudgment interest. I request prejudgment interest. I understand it will be calculated from the date the summons and complaint were served on the defendant(s) to the date of judgment. I request prejudgment interest from the following date: (Attach a separate computation sheet with an explanation supporting your request See CIV-720 Eviction Booklet and Civil Rule 58.2(b).) 8. . I am submitting a proposed Default Judgment form (CIV-745) with this application. Signature of Plaintiff or Plaintiff’s Attorney Date Print Name Mailing Address City Subscribed and sworn to or affirmed before me at on . Date (SEAL) State ZIP , Alaska Clerk of Court, Notary Public, or other person authorized to administer oaths. My commission expires: Page 2 of 3 CIV-740 (4/12)(cs) DEFAULT APPLICATION, AFFIDAVIT AND ENTRY – F.E.D. Civil Rules 55 and 85(a)(5) American LegalNet, Inc. www.FormsWorkFlow.com v. Case No. This section must be completed. Service is required under all circumstances. Certificate of Service I certify that on attachments was mailed to: Defendant , a copy of this Default Application and its Address Note: If the defendant has been evicted, you cannot use that address unless you cannot find the defendant’s current mailing address. Civil Rule 85(a)(5). For more information, see CIV-720 Eviction Booklet. The address listed above is the address from which the defendant was evicted. I could not find the defendant’s current mailing address or whereabouts. I made the following efforts to find this information: Checked the court file. Called the defendant. No telephone number available. Called directory assistance. Contacted references listed on rental application. No references listed. Searched the Internet. I do not have access to the Internet. Other: Plaintiff’s Signature ENTRY OF DEFAULT The defendant’s default is hereby entered in the records of this court. Date I certify that on Signature of Clerk of Court/Deputy Clerk a copy of this document was mailed to the plaintiff. Clerk: _________________ Page 3 of 3 CIV-740 (4/12)(cs) DEFAULT APPLICATION, AFFIDAVIT AND ENTRY – F.E.D. Civil Rules 55 and 85(a)(5) American LegalNet, Inc. www.FormsWorkFlow.com