Statement Of Plaintiff In Support Of Default Judgment {CF13}

JP Civil Form 13 - STATEMENT OF PLAINTIFF IN SUPPORT OF DEFAULT JUDGMENT. No answer has been received by the Court from the Defendant within the proper time period. Upon return of completed "Statement of Plaintiff in Support of Default Judgment" to the Court, a default judgment will be entered, unless additional information is needed by the Court. Plaintiff should note that this form must be NOTARIZED, that the amount of money claimed may not exceed the amount claimed in "Complaint", that pre-judgment interest, attorney’s fees or other claims may not be included in the judgment unless requested in the complaint. Pre-judgment interest amount must be calculated by the Plaintiff in order to be included in the judgment. Attorney’s fees are recoverable only on notes, invoices, or other written documents where payment of attorney’s fees is expressly provided for in the document. 10 Del.C. § 3912. However, no provision in a residential rental agreement providing for the recovery of attorney’s fees by either party in any proceeding arising from the tenancy is enforceable. 25 Del.C. § 5111. Where fees may be obtained, they can not be more than 20% of the judgment. Plaintiff will not usually need to appear at the Court to obtain a default judgment. If the Court has questions concerning the information provided by the Plaintiff, the Court may schedule a hearing prior to entering judgment. If the Defendant is in the military as defined by the Service members’ Civil Relief Act or if the Plaintiff cannot determine the Defendant’s military status, the Plaintiff will need to request a hearing. The Plaintiff should contact the Defense Data Manpower Data Center (1600 Wilson Blvd., Suite 400, Attn: Military Verification, Arlington, VA 22209-2593 or make the request online at https://scra.dmdc.osd.mil if the Defendant’s military status is unknown. If the Plaintiff fails to file "Statement of Plaintiff in Support of Default Judgment," the case will be dismissed by the Court, on its own motion, one year after the last docket entry. Any questions should be directed to the Court at the above address. (IF THE CLAIM IS BASED UPON A WRITTEN CONTRACT OR IF PRE-JUDGMENT OR POST-JUDGMENT INTEREST IS DEMANDED AT A CONTRACTUAL RATE ABOVE THE CURRENT LEGAL RATE, A COPY OF THE CONTRACT ON WHICH THE CLAIM IS BASED MUST BE SUBMITTED WITH THIS FORM). www.FormsWorkflow.com