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Affidavit for Default Eviction

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AFFIDAVIT FOR DEFAULT (Eviction)

IN THE SUPERIOR COURT NO.

OF COUNTY

STATE OF INDIANA )

COUNTY OF ) SS:

Plaintiff(s)

Vs.

Defendant(s)

CAUSE NO.

AFFIDAVIT FOR DEFAULT (Eviction)

The undersigned states that, to the best of his/her knowledge and belief:

1. The defendant(s), was / were legally served with a copy of the Notice of Claim in this case and has / have failed to appear for trial or plead after receiving proper notice.

2. The defendant(s) is / are not under age 18 or otherwise legally incompetent.

3. For purposes of complying with the Servicemembers Civil Relief Act of 2003, 50 U.S.C. App.Sec. 501, I state that: (Check one)

(a) Defendant(s) is / are not in the active military service of the United States.

(b) I am unable to ascertain whether or not the defendant(s) is / are in the active military service of the United States.

4. The plaintiff(s) rented to the defendant(s) the property located at:

on the day of each month. at a rate of $ per month payable in advance

5. The defendant(s) has / have violated the rental agreement with the plaintiff(s) by:

(a) Failing to pay rent / late fees / utilities (circle those that apply) currently totaling $

(b) and / or

6. The defendant(s);

remain(s) in the property;

has / have vacated the property

The defendant(s) did did not leave property of value on the premises.

7. Plaintiff(s) hold a security deposit in the amount of $ The plaintiff(s) has

have complied will comply with the Indiana Security Deposit Act.

8. There are no set-offs or counterclaims in favor of the defendant(s).

9. There is due and owing by the defendant(s) to the plaintiff(s) the following:

a) Rent $

b) Damages $

c) Utilities $

d) Interest $

e) Late fees $$

f) Attorney fees $

g) Other $

10. TOTAL $

Court Costs $

11. Plaintiff(s) request(s) eviction effective on

Plaintiff(s) request(s) entry of a money judgment effective this date.

OR

12. Plaintiff(s) request(s) that the Court set a damages hearing.

I affirm, under the penalties for perjury, that the foregoing representations are true.

$

Plaintiff / Plaintiff's counsel

Date

Rev. 1/07 Affidavit for Default (Eviction)

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What an Affidavit for Default Eviction Is and when it’s used

An Affidavit for Default Eviction is a sworn written statement used by a landlord or property manager to request court intervention when a tenant has failed to respond, appear, or otherwise contest an eviction action. The affidavit documents the facts of breach or nonpayment, service attempts, lease dates, amounts due, and any statutory notice provided. Courts typically require the affidavit to be signed under penalty of perjury and notarized or sworn before the clerk. The form creates the factual record a judge uses when entering a default judgment or scheduling a removal.

Why a clear, accurate affidavit matters

A well-prepared affidavit speeds court processing, supports entry of default judgment, and reduces the risk of dismissal or delay by establishing a concise, sworn record of the tenant’s default and prior notices under applicable law.

Why a clear, accurate affidavit matters

Who typically prepares and submits this affidavit

The affidavit is most often completed by the property owner, property manager, or an attorney representing the landlord; it may also be prepared by an authorized agent or housing authority staff.

  • Landlords and property managers responsible for rent collection and lease enforcement, documenting nonpayment or lease violations in writing.
  • Attorneys and law firms filing eviction matters and ensuring the affidavit meets local court requirements and evidentiary rules.
  • Court clerks or legal aid representatives who may accept, review, or file affidavits on behalf of parties or agencies.

Whoever prepares the affidavit should confirm authority to sign, follow local court practices, and retain proof of service and notarization as required.

Core elements to include in a professional affidavit

Include factual, chronological, and verifiable details that let the court evaluate a default without oral testimony whenever possible.

Declarant identity

Full legal name, title, relationship to landlord, and contact details so the declarant is clearly attributable and reachable for follow-up or verification.

Tenant identification

Tenant full name(s), unit or property address, lease start and end dates, and any aliases used to ensure the court matches the affidavit to the correct tenancy.

Nature of default

A concise, dated description of breach (nonpayment, lease violation, holdover) including amounts due, invoice dates, and any partial payments received.

Service and notice history

Record dates and methods of notices served (pay or quit, cure or quit), attempts at personal service, and mailing or posting as required by statute or local rule.

Supporting evidence

List attached exhibits such as lease, ledger, copies of notices, photos, and communications that corroborate the factual assertions in the affidavit.

Sworn statements

Signature line, date, and notary acknowledgment or clerk’s oath language, plus any remote notarization details if used to satisfy court acceptance rules.

Required information checklist

Declarant name: Full name
Tenant name: Full name
Property address: Street, city, ZIP
Lease dates: Start and end
Amount claimed: Dollar total
Notary block: Signed and dated

Step-by-step: prepare and file the affidavit

Follow these sequential tasks to prepare a court-ready affidavit that supports a default eviction.

  • 01
    Assemble documents: Gather lease, ledger, notices, and proof of service.
  • 02
    Draft affidavit: State facts chronologically and attach exhibits.
  • 03
    Swear and notarize: Sign under oath and obtain required notarization.
  • 04
    File with court: Submit affidavit per local court filing rules.

Where the affidavit goes and how it travels

Identify the correct filing destination and use an acceptable delivery method so courts accept the affidavit without administrative rejection.

  • Local court clerk: File with the county or municipal court handling evictions.
  • Electronic filing: Use court eFile systems where available per local rules.
  • In-person delivery: Bring originals and copies to the clerk for stamping.
  • Certified mail or process server: Use certified mailing or process service when required for proof of service.

Setting up an online affidavit workflow

Configure an electronic workflow that collects signatures, preserves an audit trail, and supports notarization if required.

Workflow Setting Recommended configuration
Prepare Document Upload PDF with labeled signature and date fields
Add Fields Include signature, date, and exhibit attachment fields
Authentication Use email + SMS code or advanced auth where required
Delivery Method Choose eFile, secure link, or certified mail options

Digital signing and technical requirements for eSubmission

Use a platform that supports PDF, Word, audit trails, and notarization workflows to maintain admissible records.

  • File formats: PDF and DOCX supported
  • Integrations: Works with court eFile systems and storage
  • Authentication: Email, SMS, KBA, or SSO

Confirm the court accepts electronic filings and notarizations; retain the audit trail, signed PDF, and any RON recording or notary journal as evidence of execution.

Typical timelines and notice windows to track

Timelines for notices, cure periods, and court filings vary by state; confirm local statutes before issuing a notice or filing.

Notice to Quit:

Many states require 3–30 days' notice before filing

Cure period:

If allowed, tenant must cure default within stated notice timeframe

Filing window:

File in the eviction court once notice period has expired

Hearing scheduling:

Courts set a hearing date after filing; timelines vary locally

Enforcement action:

Writ or writ of possession issued per court order timing

Key milestones from notice to enforcement

Track these milestones to avoid procedural defects that can delay or defeat a default eviction.

01

Issue Notice

Serve required statutory notice to tenant by compliant method

02

Proof of Service

Document service attempts and file proof with the court

03

File Affidavit

Submit the sworn affidavit and supporting exhibits to the clerk

04

Obtain Writ

After judgment, secure writ of possession to schedule removal

Common preparation mistakes that cause delays

  • Incomplete facts or absent service dates that allow a tenant to challenge the petition successfully
  • Using informal or abbreviated names that do not match the lease or identification documents
  • Failing to notarize, sign, or properly swear the affidavit under penalty of perjury
  • Omitting attached exhibits referenced in the affidavit, which undercuts factual assertions

Consequences of an incorrect or improper affidavit

Case dismissal: Court may dismiss the eviction
Delay: Proceedings and enforcement can be delayed
Monetary sanctions: Possible fines or fee shifting by the court
Perjury exposure: False statements can trigger criminal penalties
Record challenges: Tenant may file motions to reopen or set aside default
Enforcement issues: Writs or sheriff actions may be stayed

Comparing eSignature pricing and features for eviction affidavits

Basic pricing and feature availability affect cost and suitability for high-volume eviction workflows; signNow is shown first for neutral comparison.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Representative user experiences with digital affidavits and eSign tools

These examples show how property professionals and firms use digital signing to manage eviction documentation and compliance.

Martin Properties

Tim Martin adapted online execution for property paperwork to maintain compliance.

  • He cited improved efficiency and mobile support.
  • Using electronic forms and notarization reduced turnaround times and allowed staff to complete filings without in-person signature collection, improving overall case throughput while preserving auditable records.

BIS

Dan Rotelli noted compliance confidence based on certifications.

  • He emphasized SOC 2 assurances.
  • Centralizing signed affidavits and audit trails made internal reviews and external audits simpler, while integrations with case management systems reduced manual tracking across multiple properties.

Frequently asked questions about affidavits for default eviction

Answers to common procedural and legal questions about preparing, signing, notarizing, and filing an affidavit for default eviction.


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