Free Defaul Applicatoin, Affadavit and Entry (In F.E.D. Action) [CIV-740] - Alaska



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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. 3. 4. The defendant has not filed a written answer to the complaint. The defendant is

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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. 3. 4.

The defendant has not filed a written answer to the complaint. The defendant is not a minor under age 18 or an incompetent person. 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: 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) (total unpaid rent)

5.

b.

Damages to Premises (Itemize) $ $ $ Total Damages $ $ $
Civil Rules 55 and 85(a)(5)

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 (4/09)(cs) DEFAULT APPLICATION, AFFIDAVIT AND ENTRY ­ F.E.D.

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Case No.

d.

Subtract Amounts Defendant Paid to Plaintiff: Security Deposit. Other Payments. No No Yes, in the amount of $ 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. 7.

Actual Attorney Fees $ (Civil Rule 82(b)(4) determines the amount of attorney fees that will be awarded.) 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.

Date

Signature of Plaintiff or Plaintiff's Attorney Print Name Mailing Address City State ZIP

Subscribed and sworn to or affirmed before me at _______________________________, Alaska on . Date (SEAL) Clerk of Court, Notary Public, or other person authorized to administer oaths. My commission expires:
Civil Rules 55 and 85(a)(5)

Page 2 of 3 CIV-740 (4/09)(cs) DEFAULT APPLICATION, AFFIDAVIT AND ENTRY ­ F.E.D.

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Complete this certificate only if defendant appeared at the eviction hearing or filed any written response. Civil Rule 55(a)(2) 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 Clerk: _________________

Signature of Clerk of Court/Deputy Clerk a copy of this document was mailed to the plaintiff.

Page 3 of 3 CIV-740 (4/09)(cs) DEFAULT APPLICATION, AFFIDAVIT AND ENTRY ­ F.E.D.

Civil Rules 55 and 85(a)(5)

File Size: 42.7 kB
Pages: 3
Date: April 27, 2009
File Format: PDF
State: Alaska
Category: Court Forms - State
Author: Court Forms
Word Count: 678 Words, 4,358 Characters
Page Size: Letter (8 1/2" x 11")
URL

http://www.state.ak.us/courts/forms/civ-740.pdf