§ Form79 Application to Clerk for Entry of Default and Supporting Affidavit
Form79. Application to Clerk for Entry of Default and Supporting Affidavit.
The clerk is requested to enter default against the defendant ______ in the above entitled action for failure to plead, answer or otherwise defend [as set out in the affidavit hereto annexed].
Signed: ______________________________, Attorney for Plaintiff
STATE OF ALABAMA
COUNTY OF __________
______, being duly sworn, deposes and says:
1. That he is attorney of record of the plaintiff, and has personal knowledge of the facts set forth in this affidavit.
2. That the defendant was duly served with a copy of the summons, together with a copy of plaintiff's complaint, on the ______ day of ______, 19___.
3. That more than 30 days have elapsed since the date on which the said defendant was served with summons and a copy of the complaint.
4. That the defendant has failed to answer or otherwise defend as to plaintiff's complaint, or serve a copy of any answer or other defense which he might have upon the undersigned attorney of record for the plaintiff.
5. That this affidavit is executed by affiant herein in accordance with Rule 55(a) of the Alabama Rules of Civil Procedure, for the purpose of enabling the plaintiff to obtain an entry of default against the defendant, for his failure to answer or otherwise defend as to the plaintiff's complaint.
______________________________
Sworn to and subscribed before me this the ______ day of ______, 19___.
______________________________ Notary Public
(Amended 4-25-73.)