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Application And Affidavit In Support Of Judgment And Assigned Consumer Checklist DC-CV 106 - Maryland
| Application And Affidavit In Support Of Judgment And Assigned Consumer Checklist Form. This is a Maryland form and can be used in Civil District Court Statewide . |
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DISTRICT COURT OF MARYLAND FOR LOCATED AT (COURT ADDRESS) COMPLAINT - ASSIGNED CONSUMER DEBT MD Rule 3-306(d) $5,000 or under over $5,000 The particulars of this case are: over $10,000 CASE NO. CV PARTIES Plaintiff (See Continuation Sheet) VS. Defendant(s): 1. Serve by: Certified Mail Private Process Constable Sheriff Serve by: Certified Mail Private Process Constable Sheriff Serve by: Certified Mail Private Process Constable Sheriff ATTORNEYS For Plaintiff - Name, Address, Telephone Number & Code The Plaintiff claims $ plus interest of $ Interest at the legal rate contractual rate calculated at from to ( days x $ Date Date Interest: $ . Total Principal + Interest: $ . Plus attorney's fees of $ plus court costs. Signature of Plaintiff/Attorney/Attorney Code , %, per day) 2. Signer's Information Address: Telephone Number: Facsimile Number, if any: E-mail Address, if any: MILITARY SERVICE AFFIDAVIT Defendant(s), is/are in the military service. No Defendant is in the military service. The facts supporting this statement are: 3. , Specific facts must be given for the Court to conclude that each Defendant who is a natural person is not in the military. I am unable to determine whether or not any Defendant is in the military service. I hereby declare or affirm under the penalties of perjury that the facts and matters set forth in the aforegoing Affidavit are true and correct to the best of my knowledge, information, and belief. Date: Signature of Affiant: Type or Print Name APPLICATION AND AFFIDAVIT IN SUPPORT OF JUDGMENT AND ASSIGNED CONSUMER CHECKLIST MD Rule 3-306(d) I HEREBY CERTIFY that (1) I am the Plaintiff or of the Plaintiff herein and that I am competent to testify to the matters stated in the Complaint and in this Affidavit and Checklist, which are made on my personal knowledge, (2) that the Plaintiff is the owner of the debt(s) which is/are the subject of this case, and (3) that there is justly due and owing by the Defendant to the Plaintiff the amount(s) set forth in the complaint. The following information is provided as required by Rule 3-306(d): 1. PROOF OF THE EXISTENCE OF THE DEBT OR ACCOUNT - Rule 3-306 (d)(1) (Exhibit # Certified or properly authenticated: Document signed by the Defendant evidencing the debt or opening of account; or Bill or other record reflecting purchases, payments, or other use of credit card or account by the Defendant; or ) Electronic printout or documentation from the original creditor establishing the account and showing activity by the Defendant. American LegalNet, Inc. www.FormsWorkFlow.com Page 1 of 2 DC/CV 106 (1/2012) NOTICE TO DEFENDANT Before Trial If you agree that you owe the amount claimed, you may contact the Plaintiff (or Plaintiff's attorney) before the trial date to arrange payment. If you wish to contest any portion of the claim, you should notify the clerk's office by filing a Notice of Intent to Defend (located at the bottom of your summons). The case will be set for trial. If you wish to have your witnesses appear at trial, you should contact the clerk's office at least two weeks before the trial date to request subpoenas, and you should bring to court on the trial date any evidence you want the Court to consider. If you do nothing, a judgment could be entered against you. If Judgment is Entered Against You (If You Lose) IF YOU DISAGREE WITH THE COURT'S RULING, you may: 1. APPEAL to the Circuit Court, by filing a Notice of Appeal in the District Court within 30 days after the entry of judgment. You will have to pay a filing fee (see Guide to Appeal Fees - DCA 109A), unless the Court determines that you are indigent. If the amount of the judgment, not counting court costs, interest, and attorney's fees, is: more than $5,000, you will also have to order and pay for a transcript of the District Court trial record, by contacting the District Court clerk's office (see Transcripts & Recordings Brochure - DCA 27BR). . . $5,000 or less, you will have a new trial in the Circuit Court. On your trial date you should bring with you any evidence that you want the Court to consider. 2. File a MOTION FOR A NEW TRIAL within 10 days after the entry of judgment, stating your reasons clearly. If the Court denies your Motion, you may still file an appeal; if the Court grants your Motion, you must appear in the District Court for a new trial. 3. File a MOTION TO ALTER OR AMEND THE JUDGMENT within 10 days after entry of judgment. 4. File a MOTION TO REVISE OR VACATE THE JUDGMENT within 30 days after entry of judgment. IF YOU DECIDE NOT TO APPEAL AND NOT TO FILE ONE OF THE ABOVE MOTIONS, you may contact the Plaintiff or Plaintiff's attorney to arrange to pay the amount owed. If you do not pay the amount owed, the Plaintiff or Plaintiff's attorney may initiate further proceedings to enforce the judgment, including: 1. Interrogatories: You must answer these written questions about your income and assets in writing under penalties of perjury. 2. Oral Examination: You must appear in court to testify in response to questions about your assets and income. 3. Writ of Execution: The Court may issue a writ requiring the sale or seizure of any of your possessions except, with some exceptions, property that is exempt from execution. The exemptions are explained in detail on the reverse side of the Writ of Execution form - DC/CV 40. Further, the Court could order you to pay additional expenses such as towing, moving, storage fees, advertising costs, and auctioneer's fees incurred in executing the writ. 4. Garnishment of Property: The Court may issue a writ ordering a bank or other agent to hold your assets until further court proceedings. 5. Garnishment of Wages: The Court may issue a writ ordering your employer to withhold a portion of your wages to pay your debt. The law provides certain exemptions from garnishment. If you have any questions, you should consult an attorney. The clerk of the Court is not permitted to give you legal advice. More information can be found in court brochures located in the clerk's office or online at: http://www.mdcourts.gov/district/public_brochures.html. NOTICE TO PLAINTIFF 1. If the Court enters a judgment for a sum certain, you have the right to file for a lien on real property. 2. If you disagree with the outcome of the case, you have the same post-trial rights as the Defendant does: you may file an Appeal, a Motion for New Trial, a Motion to Alter or Amend the Judgment or a Motion to Revise or Vacate the Judgment. See
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