STATE OF SOUTH DAKOTA ) :SS COUNTY OF MINNEHAHA ) ________________________________ Plaintiff, vs. IN CIRCUIT COURT SECOND JUDICIAL CIRCUIT CIV. AFFIDAVIT OF DEFAULT AFFIDAVIT OF DISBURSEMENTS MOTION FOR JUDGMENT __________________________________ Defendant(s), STATE OF SOUTH DAKOTA COUNTY OF MINNEHAHA ) :SS ) I, ________________, being first duly sworn on oath, depose and state as follows: The Summons and Complaint in this action were personally served upon «defendant», on «date_served», 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 $«principal» and interest in the sum of $«Interest», for a total of $«principal and interest». 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 $«Interest» $«service_fees» $ WHEREFORE, _____________, one of the attorneys for the Plaintiff, moves the Court for judgment by default against the Defendant(s) as prayed in the Complaint and calculation of prejudgment interest as set forth above. Dated: ______________________________ Subscribed and sworn to before me this ___ day of _______, 20__. By: ___________________ Attorneys for Plaintiff (2nd Circuit Collection form #9alt., July 2004) (five pages) p. 1 (address) ______________________________ Notary Public, South Dakota My commission expires: (2nd Circuit Collection form #9alt., July 2004) (five pages) p. 2 STATE OF SOUTH DAKOTA COUNTY OF MINNEHAHA ) :SS ) IN CIRCUIT COURT SECOND JUDICIAL CIRCUIT _____________________________ CIV. Plaintiff, vs. JUDGMENT AND ORDER APPROVING INTEREST _____________________________ 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 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 #9alt., July 2004) (five pages) p. 3 STATE OF SOUTH DAKOTA COUNTY OF MINNEHAHA ) :SS ) IN CIRCUIT COURT SECOND JUDICIAL CIRCUIT _______________________________ CIV. Plaintiff, NOTICE OF ENTRY OF JUDGMENT AND APPLICATION FOR TAXATION OF DISBURSEMENTS vs. _______________________________ Defendant(s). TO THE ABOVE NAMED DEFENDANT(S): You will please take notice that Judgment in the above entitled action, a true and correct copy of which is hereto annexed and served upon you, was filed and entered in the office of the Clerk of Courts, Minnehaha County, South Dakota, on the _____ day of _________________, 20__. Notice is also given that the within is a copy of the items of Plaintiff's Disbursements in this action, and that the Plaintiff hereby applies for taxation of such disbursements by the Clerk of the above-entitled court and that any objections thereto must be in writing and served and filed within ten (10) days of the service of this application. Dated this _____ day of ______________, 20__. _______ By: _______________ Attorneys for Plaintiff, (address) ______ 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, JUDGMENT and PLAINTIFF'S STATEMENT OF DISBURSEMENTS were mailed by first class mail, postage prepaid, to the Defendant(s) _______________________ address of record, «address_1», «address_2», «city», «state» «zip» on the _______ day of _______________, 20__. _________________________________ (2nd Circuit Collection form #9alt., July 2004) (five pages) p. 4 THIS IS AN ATTEMPT TO COLLECT A DEBT BY A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. STATEMENT OF JUDGMENT AND DISBURSEMENTS Principal -------------------------------------------------------------- $«principal» PLAINTIFF'S DISBURSEMENTS Prejudgment Interest at 10% ------------------------------------------$«Interest» Service fee-------------------------------------------------------- $«service_fees» Clerk's fees ----------------------------------------------------------- $_______ TOTAL DISBURSEMENTS ---------------------------------------- $«total_fees» (to be inserted by the Clerk into the Judgment) TOTAL JUDGMENT AND DISBURSEMENTS ------------------- $«judgment» Clerk of Courts By____________________________Deputy STATE OF SOUTH DAKOTA COUNTY OF MINNEHAHA ) :SS ) I, _________________, being first duly sworn on oath, depose and say that I am one of the attorneys for the Plaintiff in the within entitled action; that the foregoing Bill of Costs and Disbursements is just and correct and that the same has been or will be necessarily incurred in said action. ___________________________________ Subscribed and sworn to before me this _______ day of _____________, 20__. _________________ ______ Notary Public, South Dakota My commission expires: (2nd Circuit Collection form #9alt., July 2004) (five pages) p. 5