Alabama

Civil Procedure

Form 80 – Default judgment entered on application to clerk

In this action the defendant _____,having been duly served with the summons and complaint and having failed to appear and his default having been duly entered, upon request of the plaintiff and upon the affidavit of _______ of the amount due, which said amount is a sum certain or a sum which can by computation be made certain, the affidavit of_______ that the defendant is not an infant or incompetent person, judgment is hereby entered against the defendant, and

It is Ordered and Adjudged that the plaintiff recover of the defendant damages in the amount of $ __________ and his costs of action.

Done at __________, Alabama this _________ day of _______, 19__.

______________

Clerk

Adopted 4-25-73.

Committee Comments

This form is available only in the event the following conditions required by Rule 55(b)(1) exist simultaneously:

(a) The default arises from the failure to appear rather than a default subsequent to an initial appearance.

(b) The damages are for a sum certain or a sum which by computation can be made certain.

(c) The defendant is neither an infant nor an incompetent person.

(d) There has been an entry of default pursuant to Rule 55(a).