The Alaska Civ 740 form is a legal document used in the District or Superior Court of Alaska to request the entry of default against a defendant who has not responded to a complaint. This form includes an affidavit where the plaintiff attests to various facts, such as the service of summons and the amount owed. Completing this form accurately is essential for proceeding with a case, so take the necessary steps to fill it out by clicking the button below.
When navigating the complexities of landlord-tenant disputes in Alaska, the Alaska Civ 740 form serves as a critical tool for landlords seeking to secure a default judgment against a tenant who has failed to respond to a legal complaint. This form encompasses several essential components, including an application for default, an affidavit confirming the facts surrounding the case, and an entry of default. In essence, it allows the plaintiff to assert that the defendant has not filed a written answer or otherwise defended against the allegations made in the complaint. The affidavit section requires the plaintiff to provide details such as the service of summons, the military status of the defendant, and a breakdown of the amounts owed, which may include unpaid rent, damages, and any applicable late fees. Furthermore, the form prompts the plaintiff to calculate total costs and attorney fees, ensuring a comprehensive overview of the financial implications of the dispute. By accurately completing this form, landlords can effectively initiate the legal process to recover owed amounts and seek a resolution to their claims.
IN THE DISTRICT/SUPERIOR COURT FOR THE STATE OF ALASKA
AT
)
DOB
Plaintiff,
vs.
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 $
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
Clerk of Court, Notary Public, or other person
(SEAL)
authorized to administer oaths.
My commission expires:
Page 2 of 3
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.
Signature of Clerk of Court/Deputy Clerk
a copy of this document was mailed to the plaintiff.
Clerk: _________________
Page 3 of 3
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