Free AFFIDAVIT DEFAULT JUDGMENT (SCA-M429) - West Virginia


File Size: 5.9 kB
Pages: 2
File Format: PDF
State: West Virginia
Category: Court Forms - State
Author: Steve Hyre
Word Count: 382 Words, 2,188 Characters
Page Size: Letter (8 1/2" x 11")
URL

http://www.wvcourtnet.org/shared/content_objects/repository_objects/filename/p-c-2-affidavit_default_judgment_(sca-m429).pdf

Download AFFIDAVIT DEFAULT JUDGMENT (SCA-M429) ( 5.9 kB)


Preview AFFIDAVIT DEFAULT JUDGMENT (SCA-M429)
IN THE MAGISTRATE COURT OF

COUNTY, WEST VIRGINIA

Plaintiff v.

Case No.

Defendant

AFFIDAVIT: DEFAULT JUDGMENT
STATE OF WEST VIRGINIA COUNTY OF , TO-WIT:

This day oath or affirmation says: 1. 2. I am the plaintiff in the above-styled action against the defendant That on the day of

appeared before me, and on his or her

. , the defendant was served with the summons and complaint,

as shown by the return of service affixed to the original summons in this case or by

3.

That the defendant has failed to appear or to answer the complaint or to notify the court of intent to contest the case within the time provided in Rule 4 of the Rules of Civil Procedure for Magistrate Courts. That the claim in the case is (check one): a. b. For the amount of $ For the amount of $ the amount of $ c. , as alleged due and owing in the complaint and is still due and owing: or , which is the amount of $ paid since the suit was instituted; or as alleged in the complaint reduced by

4.

For an amount that can by computation be made certain.

5.

That the defendant (check one): a. b. Is not an incompetent person, infant or incarcerated convict; or Is an incompetent person, infant or incarcerated convict who is represented by a guardian, committee or guardian ad litem.

W.Va. Code §50-4-10; Mag. Civ. Rule 10. 50 U.S.C. APPENDIX §520; SCA-M429-2 / 10-96

FILE PLAINTIFF S COPY

6.

That the following represents the military status of the defendant (check one and complete as appropriate): a. I have determined that the defendant is not in the military service based on the following facts:

or b. I am not able to determine whether or not the defendant is in the military service. or c. The defendant is in military service.

WHEREFORE, I request this Court to enter judgment against the defendant by awarding me the amount claimed plus interest and costs and, if applicable, $ for certified mail expenses.

Plaintiff s Signature

Taken, subscribed, and sworn or affirmed before me this My Commission expires on

day of

.

Notary Public/Magistrate Assistant/Magistrate Clerk

W.Va. Code §50-4-10; Mag. Civ. Rule 10. 50 U.S.C. APPENDIX §520; SCA-M429-2 / 10-96

FILE PLAINTIFF S COPY