Fill Out Your Alaska Civ 740 Form Customize Alaska Civ 740

Fill Out Your Alaska Civ 740 Form

The Alaska Civ 740 form serves as a legal document used to request a default judgment in eviction cases. This form is crucial when a defendant fails to respond to a complaint, allowing the plaintiff to seek a ruling without the defendant's participation. Understanding how to fill out this form accurately can streamline the legal process and ensure that the plaintiff's rights are upheld.

To begin the process, consider filling out the form by clicking the button below.

Alaska Civ 740 Sample

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.

 

Common mistakes

  1. Incomplete Information: Failing to fill in all required fields, such as the defendant’s name or the case number, can lead to delays. Ensure every section is completed accurately.

  2. Incorrect Military Status: Misrepresenting the defendant's military status can have serious consequences. Verify whether the defendant is in active military service before submitting the form.

  3. Missing Attachments: Not including necessary documents, like the Return of Service or proof of amounts owed, can result in rejection of the application. Always attach supporting evidence as required.

  4. Calculation Errors: Mistakes in calculating the total amount owed, including unpaid rent and damages, can undermine your case. Double-check your math to ensure accuracy.

  5. Failure to Certify Service: Neglecting to complete the Certificate of Service section can lead to the application being dismissed. Confirm that you have properly notified the defendant.

  6. Missing Signature: Not signing the application can halt the process. Ensure that you or your attorney sign the document before submission.

Detailed Steps for Filling Out Alaska Civ 740

Completing the Alaska Civ 740 form requires careful attention to detail. This form is essential for requesting a default judgment when a defendant has not responded to a complaint. Follow these steps to ensure that you fill out the form correctly and completely.

  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, provide the names and dates of birth for each defendant.
  5. Indicate that the defendant has not filed a written answer to the complaint by checking the appropriate box.
  6. In the "Affidavit" section, affirm that the facts you provide are true to the best of your knowledge.
  7. List the name and date served for each defendant in the space provided, ensuring you have attached a Return of Service for each.
  8. Confirm that the defendant has not filed a written answer and that they are not a minor or incompetent person.
  9. Indicate the defendant's military status by checking the appropriate box and providing any relevant facts.
  10. Calculate the amount owed to you as the plaintiff. Include unpaid rent, damages, late fees, and any other costs. Attach supporting documents as needed.
  11. Subtract any amounts the defendant has already paid to you, including security deposits and other payments.
  12. Calculate the total amount owed to you by subtracting the amounts paid from the total amount due.
  13. Detail any costs incurred, including filing fees and service fees.
  14. List any actual attorney fees based on Civil Rule 82(b)(4).
  15. Decide if you are requesting prejudgment interest. If so, specify the date from which it should be calculated and attach a computation sheet.
  16. Attach the proposed Default Judgment form (CIV-745) with your application.
  17. Sign and print your name, and provide your mailing address, city, state, and ZIP code.
  18. Have the form notarized or signed by an authorized person.
  19. Complete the Certificate of Service section, indicating when and how you mailed a copy of the application to the defendant.
  20. Finally, ensure that the Entry of Default section is filled out, including the date and signature of the Clerk of Court or Deputy Clerk.

Dos and Don'ts

When filling out the Alaska Civ 740 form, it is crucial to ensure that all information is accurate and complete. Here are some important dos and don'ts to keep in mind:

  • Do read the instructions carefully before starting to fill out the form.
  • Do provide accurate information about the defendant, including their name and date served.
  • Do attach all necessary documentation, such as the Return of Service and proof of amounts owed.
  • Do ensure that you sign and date the form where required.
  • Don't leave any sections blank; every part of the form must be filled out appropriately.
  • Don't use an outdated version of the form; always check for the latest version.
  • Don't forget to provide a current mailing address for the defendant, especially if they have been evicted.

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