§ Form 10 Complaint to Recover a Sum Certain

Form 10. Complaint to Recover a Sum Certain

(Caption--See Form 1.)

1. (Statement of Jurisdiction--See Form 7.)

(Use one or more of the following as appropriate and include a demand for judgment.)

(a) On a Promissory Note

2. On date, the defendant executed and delivered a note promising to pay the plaintiff on date the sum of $_______ with interest at the rate of ___ percent. A copy of the note [is attached as Exhibit A] [is summarized as follows: _______.]

3. The defendant has not paid the amount owed.

(b) On an Account

2. The defendant owes the plaintiff $_______ according to the account set out in Exhibit A.

2. The defendant owes the plaintiff $_______ for goods sold and delivered by the plaintiff to the defendant from date to date.

(d) For Money Lent

2. The defendant owes the plaintiff $_______ for money lent by the plaintiff to the defendant on date.

(e) For Money Paid by Mistake

2. The defendant owes the plaintiff $_______ for money paid by mistake to the defendant on date under these circumstances: describe with particularity in accordance with Rule 9(b).

(f) For Money Had and Received

2. The defendant owes the plaintiff $_______ for money that was received from name on date to be paid by the defendant to the plaintiff.

Demand for Judgment

Therefore, the plaintiff demands judgment against the defendant for $_______, plus interest and costs.

(Date and sign--See Form 2.)