Alaska Documents

Alaska Documents

Homepage Alaska Civ 740 Form in PDF

Example - Alaska Civ 740 Form

IN THE DISTRICT/SUPERIOR COURT FOR THE STATE OF ALASKA

AT

 

 

 

)

 

 

 

 

 

)

 

 

 

DOB

 

 

)

 

 

Plaintiff,

)

 

 

vs.

)

 

 

 

DOB

 

 

)

 

 

 

 

 

)

 

 

 

DOB

 

 

)

CASE NO.

 

Defendant(s).

)

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. as proof of each amount owed.)

a. Unpaid Rent:

(Attach receipts, invoices, rental agreement, etc.

$

 

 

 

(list each month & amount unpaid that month)

(total unpaid rent)

b.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

Civil Rules 55 and 85(a)(5)

CIV-740 (4/12)(cs)

 

DEFAULT APPLICATION, AFFIDAVIT AND ENTRY F.E.D.

 

v.

 

Case No.

d.Subtract Amounts Defendant Paid to Plaintiff:

Security Deposit.

Other Payments.

No

Yes, in the amount of $

 

 

 

 

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.

 

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Clerk of Court, Notary Public, or other person

(SEAL)

 

 

 

authorized to administer oaths.

 

 

 

 

 

 

 

My commission expires:

 

 

 

Page 2 of 3

Civil Rules 55 and 85(a)(5)

CIV-740 (4/12)(cs)

 

DEFAULT APPLICATION, AFFIDAVIT AND ENTRY F.E.D.

 

v.

 

Case No.

This section must be completed. Service is required under all circumstances.

 

 

 

Certificate of Service

I certify that on

 

 

 

, a copy of this Default Application and its

attachments was mailed to:

 

 

 

 

 

Defendant

 

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. Other:

I do not have access to the Internet.

Plaintiff’s Signature

ENTRY OF DEFAULT

The defendant’s default is hereby entered in the records of this court.

Date

Signature of Clerk of Court/Deputy Clerk

I certify that on

 

a copy of this document was mailed to the plaintiff.

Clerk: _________________

 

Page 3 of 3

Civil Rules 55 and 85(a)(5)

CIV-740 (4/12)(cs)

 

DEFAULT APPLICATION, AFFIDAVIT AND ENTRY F.E.D.

 

Your Questions, Answered

  1. What is the purpose of the Alaska Civ 740 form?

    The Alaska Civ 740 form is used to request a default judgment against a defendant in a civil case, specifically in eviction actions. When a defendant does not respond to a complaint or fails to defend themselves in court, the plaintiff can apply for a default. This form outlines the necessary information and facts to support the request for the court to enter a default judgment.

  2. What information must be included in the affidavit section of the form?

    The affidavit section requires the plaintiff to confirm several key facts. This includes:

    • Confirmation that the summons and complaint were served to the defendant.
    • A statement that the defendant has not filed a written answer.
    • Verification that the defendant is not a minor or incompetent.
    • Details about the defendant's military status, if known.
    • A calculation of the total amount owed to the plaintiff, including unpaid rent, damages, late fees, and any other costs.
  3. How do I calculate the total amount owed to the plaintiff?

    To calculate the total amount owed, you need to consider several components:

    • Add up any unpaid rent for each month.
    • Itemize any damages to the premises and calculate their total.
    • If applicable, include late fees as specified in the rental agreement.
    • Subtract any payments made by the defendant, including security deposits or other payments.
    • Finally, add any additional costs such as filing fees and attorney fees.

    Ensure all calculations are clear and documented with supporting evidence, such as receipts or invoices.

  4. What should I do if I cannot find the defendant’s current mailing address?

    If you cannot locate the defendant’s current mailing address, you must document your efforts to find this information. You can include actions such as:

    • Checking the court file for any updates.
    • Contacting the defendant directly, if a phone number is available.
    • Searching online or reaching out to references listed on the rental application.

    Make sure to detail these efforts in the Certificate of Service section of the form. If the defendant has been evicted, you cannot use the eviction address unless it is the only option available.

Dos and Don'ts

When filling out the Alaska Civ 740 form, there are several important dos and don'ts to keep in mind. These guidelines can help ensure that your application is processed smoothly and effectively.

  • Do ensure that all information is accurate and complete. Double-check names, dates, and amounts.
  • Do attach all required documentation, such as proof of service and any receipts or invoices related to the amounts owed.
  • Do clearly indicate the total amount owed to you, including unpaid rent, damages, and any applicable fees.
  • Do provide a clear statement regarding the defendant's military status, as this can affect the proceedings.
  • Do submit a proposed Default Judgment form along with your application to expedite the process.
  • Don't leave any sections of the form blank. Each part must be filled out to avoid delays.
  • Don't forget to sign the form. An unsigned application may be rejected.
  • Don't use an address for the defendant that is outdated or incorrect, especially if they have been evicted.
  • Don't neglect to include a Certificate of Service, which confirms that the defendant has been notified of the application.

By following these guidelines, you can help ensure that your application is handled efficiently and effectively. If you have any doubts, consider seeking assistance to clarify any points of confusion.

Similar forms

The Alaska Civ 740 form is similar to the California Request for Entry of Default (Form CIV-100). Both documents are used in situations where a defendant has failed to respond to a complaint. They allow the plaintiff to request that the court enter a default judgment against the defendant. Each form requires the plaintiff to provide proof of service of the summons and complaint, ensuring that the defendant was properly notified of the legal action. Additionally, both forms necessitate a declaration regarding the defendant's military status, which is crucial for compliance with the Servicemembers Civil Relief Act.

Another comparable document is the New York Request for Judicial Intervention (Form RJI). While this form is typically used to initiate court proceedings, it also serves to establish whether a default should be entered. Both the RJI and the Alaska Civ 740 require the plaintiff to outline the circumstances of the case and the steps taken to notify the defendant. This ensures that the court has all necessary information to make a fair decision regarding the entry of default.

The Texas Motion for Default Judgment is another document that shares similarities with the Alaska Civ 740. In both cases, the plaintiff must demonstrate that the defendant has not responded to the complaint. The Texas motion requires an affidavit stating the facts of the case, much like the affidavit section in the Alaska form. Both documents also require a calculation of damages owed, allowing the court to assess the appropriate amount for a default judgment.

The Florida Motion for Default is yet another similar document. This form is used when a defendant fails to respond to a complaint, allowing the plaintiff to seek a default judgment. Both the Florida motion and the Alaska Civ 740 require the plaintiff to provide evidence of service and detail the amounts owed. They also share a common goal: to expedite the legal process when a defendant does not engage in the proceedings.

The Illinois Motion for Default Judgment aligns closely with the Alaska Civ 740 as well. In Illinois, this motion is filed when the defendant has not answered the complaint. The plaintiff must present evidence of service and a breakdown of damages, similar to the requirements in Alaska. Both forms emphasize the importance of proper notification and the calculation of damages owed to the plaintiff.

In Michigan, the Request for Default Judgment serves a similar purpose. This document is filed when a defendant fails to respond, allowing the plaintiff to seek a judgment without the defendant's input. Like the Alaska form, the Michigan request requires proof of service and a detailed account of damages. Both forms aim to ensure that the plaintiff is not left without recourse due to the defendant's inaction.

The Ohio Motion for Default Judgment is another comparable document. In Ohio, this motion is filed when a defendant does not respond to a complaint, allowing the plaintiff to request a default. Both the Ohio motion and the Alaska Civ 740 require the plaintiff to provide proof of service and a detailed account of damages owed. They both serve to protect the rights of plaintiffs in cases where defendants choose not to participate in the legal process.

Understanding the importance of documentation in legal transactions, similar forms can be essential for various purposes, and one such example is the Bill of Sale form, which details the exchange of ownership between parties. For further insights into this crucial document, you can refer to https://onlinelawdocs.com/bill-of-sale/.

The Washington Motion for Default Judgment is similar as well. This document is used when a defendant has failed to respond, enabling the plaintiff to seek a default judgment. Both the Washington motion and the Alaska Civ 740 necessitate proof of service and a breakdown of damages. They are designed to streamline the process for plaintiffs when defendants do not engage with the court.

Finally, the Nevada Request for Entry of Default mirrors the Alaska Civ 740 form. This document is utilized when a defendant has not answered a complaint, allowing the plaintiff to request a default. Both forms require proof of service and a detailed account of damages owed. They are essential tools for plaintiffs seeking to move forward when faced with a non-responsive defendant.

How to Write Alaska Civ 740

Filling out the Alaska Civ 740 form requires careful attention to detail. This form serves as a request for the court to enter a default judgment against a defendant who has not responded to a complaint. Once completed, the form must be submitted to the court along with any necessary attachments. Below are the steps to effectively fill out this form.

  1. Begin by entering the name of the court at the top of the form.
  2. Fill in the case number in the designated space.
  3. In the section labeled "Plaintiff," write your name and date of birth.
  4. In the "Defendant(s)" section, list the names and dates of birth of all defendants involved in the case.
  5. In the "APPLICATION" section, affirm that the defendant has not filed a written answer or otherwise defended the action.
  6. In the "AFFIDAVIT" section, provide the following information:
    • List the name of each defendant and the date they were served with the summons and complaint.
    • State that the defendant has not filed a written answer.
    • Confirm that the defendant is not a minor or an incompetent person.
    • Indicate the military status of the defendant, selecting one of the options provided.
  7. Calculate the total amount owed to you as the plaintiff:
    • Detail the unpaid rent, including the total amount.
    • Itemize any damages to the premises and provide a total.
    • Include any late fees, if applicable.
    • Subtract any amounts the defendant has paid, including security deposits or other payments.
    • Calculate the total costs, including filing fees and service fees.
    • State any actual attorney fees incurred.
    • Indicate whether you are requesting prejudgment interest and provide the date if applicable.
  8. Attach a proposed Default Judgment form (CIV-745) with your application.
  9. Sign and date the form at the bottom, providing your printed name and mailing address.
  10. Complete the "Certificate of Service" section by certifying that you mailed a copy of the Default Application to the defendant.
  11. Provide details about your efforts to locate the defendant if necessary.
  12. Leave the "ENTRY OF DEFAULT" section blank for the court clerk to complete upon processing your application.

Documents used along the form

The Alaska Civ 740 form is essential for initiating a default judgment in eviction cases. It serves as a request for the court to enter a default against a defendant who has not responded to the complaint. Several other documents complement this form to ensure the process runs smoothly. Below is a list of these documents, each with a brief description.

  • Return of Service: This document confirms that the summons and complaint were delivered to the defendant. It provides proof that the defendant was properly notified of the legal action against them.
  • Proposed Default Judgment (CIV-745): This form outlines the terms of the judgment the plaintiff is seeking. It is submitted alongside the default application to facilitate a swift ruling by the court.
  • Affidavit of Military Service: This affidavit verifies the military status of the defendant. It is crucial for ensuring compliance with the Servicemembers Civil Relief Act, which protects active-duty military members from certain legal actions.
  • FedEx Bill of Lading: A critical document for shipping goods via FedEx Freight services, detailing essential terms and conditions to ensure clarity and accountability; for more information, visit TopTemplates.info.
  • Itemization of Damages: This document details the specific damages incurred by the plaintiff, including unpaid rent and any additional costs. It supports the claims made in the default application.
  • Certificate of Service: This certificate confirms that the plaintiff has sent copies of the default application and its attachments to the defendant. It is necessary for the court to verify that the defendant was informed of the proceedings.
  • Computation Sheet for Prejudgment Interest (CIV-720): If the plaintiff requests prejudgment interest, this sheet provides the calculations and rationale for the request. It helps the court understand the basis for any interest claimed.
  • Filing Fee Receipt: This receipt shows that the plaintiff has paid the required court fees to file the default application. It is important for the court’s records and for processing the case.

These documents work together with the Alaska Civ 740 form to ensure a comprehensive and effective approach to seeking a default judgment in eviction cases. Properly preparing and submitting these forms can significantly impact the outcome of the case.

Misconceptions

Misconceptions about the Alaska Civ 740 form can lead to confusion for plaintiffs navigating the legal process. Here are ten common misconceptions:

  • The form is only for eviction cases. The Alaska Civ 740 form is specifically designed for cases where a default judgment is sought, which can include eviction actions but is not limited to them.
  • You do not need to provide proof of service. The form requires that proof of service be attached or filed with the court. This ensures that the defendant was properly notified.
  • The defendant must respond for the process to continue. If the defendant fails to respond, the plaintiff can still proceed by filing the Civ 740 form to request a default judgment.
  • The court automatically grants a default judgment. A default judgment is not automatic. The plaintiff must complete the form and provide necessary documentation for the court's consideration.
  • Only attorneys can file the form. While having legal representation is beneficial, individuals can also file the Civ 740 form on their own.
  • The form does not require financial details. The plaintiff must provide detailed financial information, including amounts owed and any costs incurred, as part of the application.
  • Filing the form guarantees a favorable outcome. The court reviews all submitted information and may not grant the request if it finds the evidence insufficient.
  • Military status is not relevant. The form requires the plaintiff to address the defendant’s military status, as it impacts the legal proceedings under the Servicemembers Civil Relief Act.
  • You can use an old address for the defendant. If the defendant has been evicted, the plaintiff must make efforts to find the current mailing address and cannot use the old address unless no other option exists.
  • Prejudgment interest is automatically included. The plaintiff must explicitly request prejudgment interest and provide a basis for that request within the application.

Common mistakes

  1. Inaccurate Personal Information: Ensure that all names, dates of birth, and addresses are correct. Errors in personal information can delay the process.

  2. Failure to Attach Required Documents: Always include necessary attachments such as the Return of Service and proof of amounts owed. Missing documents can lead to rejection of the application.

  3. Incomplete Military Status Declaration: Clearly state the defendant’s military status. Omitting this information can complicate the case.

  4. Incorrect Calculation of Amounts: Double-check calculations for unpaid rent, damages, and fees. Errors in totals can affect the judgment amount.

  5. Neglecting to Request Prejudgment Interest: If applicable, indicate whether you request prejudgment interest and provide the correct date. This can impact the total amount owed.

  6. Missing Certificate of Service: Always include the Certificate of Service, confirming that the defendant received a copy of the application. This is crucial for the court's records.

  7. Using an Incorrect Address for the Defendant: If the defendant has been evicted, ensure you have the correct mailing address. Using an old address can hinder communication.

  8. Not Signing the Application: Remember to sign the application. An unsigned document will be considered invalid and will not be processed.