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Affidavit And Request For Default And Default Judgment Form. This is a Maine form and can be use in District Court Statewide.
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Tags: Affidavit And Request For Default And Default Judgment, CV-061, Maine Statewide, District Court
STATE OF MAINE
SUPERIOR COURT
_____________________, ss.
Docket No.
DISTRICT COURT
Location
Docket No.
Plaintiff
v.
Defendant
AFFIDAVIT AND REQUEST
FOR DEFAULT AND
DEFAULT JUDGMENT
(Attorney for Plaintiff) (Plaintiff), represents, under oath, that each of the statements marked below is
true, of the affiant's own knowledge as to the defendant,
.
1. a)
b)
Defendant has failed to appear, plead or otherwise defend this action as required by the Maine Rules
of Civil Procedure or by law.
Defendant has appeared, but has failed to plead or otherwise defend this action in that
2. a)
b)
Defendant is not a minor or incompetent person.
Defendant is a (minor) (incompetent person) and appearance has been entered for Defendant by
(guardian), (guardian ad litem), (conservator) or (
other representative.)
3.
To the personal knowledge of the undersigned, Defendant is not in the Military Service of the
United States, as defined in the Servicemember's Civil Relief Act of 2003, (50 App USC ยง511).
This fact is evidenced by the following facts as to residence, employment, etc.:
4. a)
Plaintiff's claim against Defendant is for a sum certain, or for a sum which can by computation be
made certain, and the amount now due by the Defendant to the Plaintiff on the claim set forth in the
complaint in this action is the sum of $
, plus interest and costs.
The original or copy of any negotiable obligation upon which this action is brought is transmitted to
the Court herewith.
The Plaintiff's claim against Defendant is not for a sum certain, nor for a sum which can by
computation be made certain.
b)
c)
5.
To the personal knowledge of the undersigned, venue was properly laid in this Court, as shown by
the following facts: _______________________________________________
____________________________________________________________________ ________
Date:
Affiant
Personally appeared the above-named affiant and made oath to the foregoing affidavit.
Date:
Notary Public/Attorney at Law
CV-061, Rev. 09/06
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REQUEST FOR DEFAULT AND DEFAULT JUDGMENT
The Plaintiff requests:
(1)
(2)
That the Clerk enter the default of
, defendant.
(a) That judgment by default against the defendant,
,
be entered by the clerk in the sum of $
, with interest and costs.
(b) That judgment by default against the defendant,
,
be granted by the Court ex parte.
(c) That judgment by default against the defendant,
,
be granted by the Court upon notice to the defendant or his representative and hearing.
Date:
(Attorney for) Plaintiff
(Address)
ENTRY OF DEFAULT
The defendant,
this action, and Defendant's default is entered.
has failed to plead or otherwise defend
Date:
, Clerk
DEFAULT JUDGMENT BY THE CLERK
A default having been entered, and it appearing by affidavit that the plaintiff's claim is for a sum certain or
which can be made certain by computation; that the defendant is not a minor or incompetent person; that the
defendant is not in the military; and that venue is properly laid in this court; (and that the original or copy of the
negotiable instrument has been filed with the clerk), judgment is hereby entered for the Plaintiff,
against the Defendant,
for the sum of $
with pre-judgment interest at the rate of
, post-judgment interest at the rate of
and costs.
Date:
, Clerk
DEFAULT JUDGMENT BY THE COURT
A default having been entered, and it appearing by affidavit that the plaintiff's claim is for a sum certain or
which can be made certain by computation; that the defendant is not a minor or incompetent person; that the
defendant is not in the military; and that venue is properly laid in this court; (and that the original or copy of the
negotiable instrument has been filed with the clerk), judgment is hereby entered for the Plaintiff,
against the Defendant,
for the sum of $
with pre-judgment interest at the rate of
, post-judgment interest at the rate of
and
costs.
Date:
Judge / Justice
A true copy, Attest:
Clerk
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