Fill and Sign the Affidavit Notice Motion Form

IN THE ____________________________ (Name of Court) COURT OF _______________________________ (Name of County) , ____________________________________ (Name of State) _________________________________________ PLAINTIFF (Name of Plaintiff) V. CAUSE NO. ____________ _________________________________________ DEFENDANT (Name of Defendant) State of _____________________ County of ___________________ AFFIDAVIT PERSONALLY appeared before me, the undersigned authority in and for said county and state, ___________________________________ (Name of Affiant) who, having been being first duty sworn by the undersigned Notary Public, deposes and says: 1. He is the Defendant in the above-entitled action. 2. This Affidavit is made in support of the Motion of Defendant for an order vacating the default the judgment entered in this cause on _________________________ (date) and permitting Defendant to file an Answer to Plaintiff’s Complaint. 3. A Judgment was entered against Defendant in this cause of action on ___________________________ (date) , and entered in the records of this Court. 4. The Judgment was entered against the Affiant, the Defendant therein, due to his failure to file an Answer to Plaintiff’s Complaint within the time required by the _____________________________________________ (Federal or Name of State) Rules of Civil Procedure. 5. Defendant/Affiant has limited education (e.g., only through sixth grade) _____________________________________________________ and did not understand from the documents and pleadings that he received from the Court that a written Answer to the Complaint was necessary at this time. 6. If the Judgment were vacated, the Defendant/Affiant could present a defense sufficient to permit a judgment more favorable to Defendant/Affiant as shown by the proposed Answer attached to this Affidavit as Exhibit A . ______________________________ (Signature of Affiant) _ _____________________________ (Print or Type Name) SWORN to and subscribed before me, this the _____ day of _____________________, 20____. ______________________________ NOTARY PUBLIC My Commission Expires: ________________________