Indiana Affidavit for Default - Eviction
Overview of this form
The Affidavit for Default - Eviction is a legal document submitted by a landlord when a tenant fails to respond to an eviction proceeding. This affidavit requests a default judgment from the court, allowing the landlord to proceed with eviction without the tenant's participation. It serves as a critical step in formalizing the eviction process and distinguishes itself from other eviction forms by specifically addressing the tenant's absence and the need for a court ruling in the landlord's favor.
Key components of this form
- Case details: Includes information about the plaintiff, defendant, and cause number.
- Service of notice: Confirms that the defendant was properly served with the notice of claim.
- Verification of age and competency: Affirms that the defendant is legally competent and over 18 years old.
- Rental agreement details: Specifies property location, rental amount, and payment dates.
- Reasons for eviction: Lists violations such as non-payment of rent and other breaches of the rental agreement.
- Judgment request: Asks for a money judgment and/or a damages hearing if necessary.
When this form is needed
This form should be used when a landlord has started eviction proceedings against a tenant who has failed to appear or respond to any court actions. Common situations include tenants who have not paid rent, have violated lease terms, or have abandoned the property without notice. It is an essential tool for landlords seeking to expedite the eviction process through a default judgment.
Intended users of this form
- Landlords seeking to evict tenants who have not responded to legal actions.
- Property managers who need to document a tenant's default in the court system.
- Individuals pursuing legal relationships with a tenant that require formal eviction proceedings.
Completing this form step by step
- Identify the parties: Enter the names of the landlord (plaintiff) and tenant (defendant).
- Provide case details: Fill in the cause number and county where the eviction is being filed.
- Confirm service of notice: Indicate whether the tenant was properly served and their status regarding age and military service.
- State the violation: Specify the reasons for the eviction, including any unpaid amounts.
- Request judgment and eviction: Clearly state what you are asking the court to rule on regarding eviction and any monetary judgment.
Does this form need to be notarized?
Notarization is required for this form to take effect. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session, available 24/7.
Avoid these common issues
- Failing to properly serve the tenant with a notice of claim.
- Omitting important details such as the case number or property address.
- Not checking the military status of the tenant as required by law.
- Submitting the form without verifying all information is accurate and complete.
Why complete this form online
- Immediate access to a legally sound document prepared by licensed attorneys.
- Editable form allows landlords to customize according to specific case details.
- Convenient download options provide a quick method to initiate the eviction process.
- Your document will be formatted correctly according to legal standards in Indiana.
Legal requirements by state
This form is intended for use in the State of Indiana. It reflects specific legal requirements stipulated by Indiana eviction laws, including full compliance with the Indiana Security Deposit Act. Landlords should ensure that they follow all local protocols when utilizing this form.
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FAQ
A motion for default judgment in Indiana occurs when a party fails to respond to a lawsuit. The court may enter a judgment in favor of the other party without a trial. This motion is often associated with eviction cases where proper notice was given but not responded to, thus connecting it to the Indiana Affidavit for Default – Eviction.
