§ 17-25. Contract Actions to Pay a Definite Sum Where There Is a Default for Failure to Appear--Motion for Default and Judgment; Affidavit of Debt; Military Affidavit; Bill of Costs; Debt Instrument

§ 17-25. Contract Actions to Pay a Definite Sum Where There Is a Default for Failure to Appear--Motion for Default and Judgment; Affidavit of Debt; Military Affidavit; Bill of Costs; Debt Instrument

 

(a)The plaintiff shall file a motion for default for failure to appear, judgment and, if applicable, an order for weekly payments. The motion shall have attached to it an affidavit of debt, a military affidavit, a bill of costs and a proposed judgment and notice to all parties. The proposed notice of judgment shall be filed in duplicate.

 

(b)If the instrument on which the contract is based is a negotiable instrument, the affidavit shall state that the instrument is now owned by the plaintiff, and a copy of the executed instrument shall be attached to the affidavit. If the affidavit of debt includes interest, the interest shall be separately stated and shall specify the date to which the interest is computed, which shall not be later than the date of the entry of judgment.

 

(c)If the moving party claims any lawful charges other than interest, including a reasonable attorney's fee, the affidavit of debt shall set forth the terms of the contract providing for such charge and the amount claimed. If a claim for a reasonable attorney's fee is made, the moving party shall include in the affidavit of debt the reasons for the specific amount requested in order that the judicial authority may determine the relationship between the fee requested and the actual and reasonable costs which are incurred by counsel and a copy of the contract shall be attached to the affidavit.