Application And Affidavit In Support Of Judgment {DC-CV 1} | Pdf Fpdf Docx | Maryland

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Application And Affidavit In Support Of Judgment {DC-CV 1} | Pdf Fpdf Docx | Maryland

Application And Affidavit In Support Of Judgment {DC-CV 1}

This is a Maryland form that can be used for Civil within Statewide, District Court.

Alternate TextLast updated: 5/28/2019

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Signature of Plaintiff/Attorney/Attorney CodeDate VS.Defendant(s): Serve by: Certified Mail Private Process Constable Sheriff Serve by: Certified Mail Private Process Constable Sheriff DISTRICT COURT OF MARYLAND FOR LOCATED AT (COURT ADDRESS) PARTIESCASE NO.CV Serve by: Certified Mail Private Process Constable Sheriff Serve by: Certified Mail Private Process Constable SheriffPlaintiff ATTORNEYS For Plaintiff - Name, Address, Telephone Number & CodeClerk: Please docket this case in an action of replevin detinue bad faith insurance claimThe particulars of this case are:(See Continuation Sheet)Telephone Number:APPLICATION AND AFFIDAVIT IN SUPPORT OF JUDGMENT (See Plaintiff Notice on Back Page)Signature of AffiantDC-CV-001 (front) (Rev. 12/2018)1.2.3.4.Attached hereto are the indicated documents which contain sufficient detail as to liability and damage to apprise the defendant clearly of theclaim against the defendant, including the amount of any interest claimed.Properly authenticated copy of any note, security agreement upon which claim is based Itemized statement of account Interest worksheetVouchers Check Other written documentVerified itemized repair bill or estimateI HEREBY CERTIFY: That I am the plaintiffof the plaintiff herein and am competent to testifyto the matters stated in this Complaint, which are made on my personal knowledge; that there is justly due and owing by the defendant to theplaintiff the sum set forth in the Complaint.I solemnly affirm under the penalties of perjury and upon personal knowledge that the contents of the above Complaint are true and I amcompetent to testify to these matters. COMPLAINT/APPLICATION AND AFFIDAVITIN SUPPORT OF JUDGMENT $5,000 or under over $5,000 over $10,000 contract tortMILITARY SERVICE AFFIDAVITDateSignature of AffiantDefendant(s)is/are in the military service.Specific facts must be given for the Court to conclude that each Defendant who is a natural person is not in the military.Name No defendant is in the military service. The facts supporting this statement are:I am unable to determine whether or not any defendant is in 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 tothe best of my knowledge, information, and belief. Other: and demands judgment for relief.Fax:E-mail:Address:Printed Name: Return of the property, or its value, plus damages of $for its detention in action of detinue. Return of the property and damages of $ for its detention in an action of replevin.The plaintiff claims $, plus interest of $,interest at the legal rate contractual rate calculated at%,fromto( days x $per day) and attorney's fees of $plus court costs.CPF ID No. American LegalNet, Inc. www.FormsWorkFlow.com IF YOU DISAGREE WITH THE COURT'S RULING, you may:If you agree that you owe the plaintiff the amount claimed, you may contact the plaintiff (or plaintiff's attorney) beforethe trial date to arrange payment. If you wish to contest the claim, you should notify the clerk's office by filing a Noticeof Intent to Defend (located at the bottom of your summons). The case will be set for trial. If you wish to have yourwitnesses 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 judgmentcould be entered against you.NOTICE TO DEFENDANT005Before TrialIf the court enters a judgment for a sum certain, you have the right to file for a lien on real property.If Judgment is Entered Against You (If You Lose)APPEAL to the circuit court, by filing a Notice of Appeal in the District Court within 30 days after the entry ofjudgment. You will have to pay a filing fee (see Guide to Appeal Fees, DCA-109A), unless thecourt determines that you are indigent. If the amount of the claim, 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 trialrecord, by contacting the District Court clerk's office (see Transcripts & Recordings Brochure, DCA-027BR).$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.File a MOTION FOR A NEW TRIAL within 10 days after the entry of judgment, stating your reasons clearly. Ifthe 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.File a MOTION TO ALTER OR AMEND THE JUDGMENT within 10 days after entry of judgment.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 theplaintiff or plaintiff's attorney to arrange to pay the amount owed. If you do not pay the amount owed, the plaintiff orplaintiff's attorney may initiate further proceedings to enforce the judgment, including:Interrogatories: You must answer these written questions about your income and assets in writingunder penalties of perjury.Oral Examination: You must appear in court to testify in response to questions about your assets and income.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 thereverse side of the Writ of Execution form, DC-CV-040. Further, the court could order you to pay additionalexpenses such as towing, moving, storage fees, advertising costs, and auctioneer's fees incurred in executing thewrit.Garnishment of Property: The court may issue a writ ordering a bank or other agent to hold yourassets until further court proceedings.Garnishment of Wages: The court may issue a writ ordering your employer to withhold a portion ofyour 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 legaladvice. More information can be found in court brochures located in the clerk's office or online at:http://www.mdcourts.gov/district/publicbrochures.html.1.2.3.4.1.2.3.4.5.NOTICE TO PLAINTIFFIf 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 orVacate the Judgment. See above for further information concerning these rights.1.2.DC-CV-001 (back) (Rev. 12/2018)Federal Law requires the filing of a military service affidavit. Information about the Servicemembers Civil Relief Act andthe required affidavit can be found on the court's website at: http://mdcourts.gov/reference/scra.html.AFTER THE COURT ENTERS A JUDGMENT:REQUESTING A JUDGMENT BY AFFIDAVIT OR DEFAULT:.. American LegalNet, Inc. www.FormsWorkFlow.com

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