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Documents to
be filed with the court (P.B. Sec. 17-25):
Note: You must use the forms prescribed
by the office of the chief court administrator. (P.B. Sec. 17-24 (b)) File only the originals of the
JD-CV-49 and the
JD-CV-52 with the court.
- A Motion for Default for Failure to
Appear, Judgment, and, if applicable, Order for Weekly Payments (JD-CV-49)
- A Military Affidavit (JD-CV-49)
Note: The military affidavit should be
executed within thirty days of the entry of judgment to avoid a judge’s
finding it insufficient.
- A Bill of Costs (JD-CV-49)
- An Affidavit of Debt (JD-CV-52)
Note: With respect to the affidavit of debt:
- A copy of the
negotiable instrument that provides the basis for the claim of liability
and/or a copy of the contract that provides the basis for attorneys’ fees
and/or interest beyond the statutory rate must be attached to the affidavit
of debt.
- The affidavit
itself must also reference the applicable terms of the contract and provide
the reasons for the specific amount of attorneys’ fees requested. (P.B. Sec. 17-25 (c))
- If the interest of
the original obligee in the underlying negotiable instrument has been
assigned to the plaintiff, the instrument making such assignment must also
be attached to and the plaintiff’s ownership interest referenced in the
affidavit.
- The amount of
interest must be separately stated and must specify the date to which the
interest is computed. That date may not be later than the date of the entry
of judgment (P.B. Sec. 17-25 (b)).
- It is helpful
to include the rate of interest, the dates of accrual, and the per diem in
the affidavit of debt.
- Notice of Judgment and Order for Weekly
Payments (JD-CV-50)
Note: The
JD-CV-50
must be filed in duplicate
(original plus one copy).
Completion of the
process (P.B. Sec. 17-28):
- Once the judgment has been entered, the
court will send the notice and judgment to the plaintiff who must serve a
copy of the Judgment and Notice (JD-CV-50)
upon each judgment debtor.
- The completed certification of service
of notice and judgment to all parties must be returned to the court.
Note:
No execution on the
judgment may be obtained until twenty days after the clerk receives one copy
of the Judgment and Notice with a certification that a copy has been served
upon each judgment debtor in accordance with P.B. Sec. 10-12 – 10-14. (P.B. Sec. 17-28).
Civil
Procedures
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