Legal Prove-Up Affidavit

LEGAL PROVE-UP AFFIDAVIT

I, Affiant Name: , declare under penalty of perjury that I am authorized to make this affidavit on behalf of Plaintiff: in the matter styled Plaintiff v. Defendant: , Case Number: , pending in the , County of , State of .

RECITALS

WHEREAS, Plaintiff commenced the above-captioned action and served the Defendant with process in accordance with applicable rules on Service Date: ;

WHEREAS, Defendant failed to answer, appear, or otherwise defend as required by the rules and a default was entered on Default Date: ;

WHEREAS, Plaintiff seeks an evidentiary prove-up to establish the amount of damages, costs, and reasonable attorney's fees due and owing from Defendant in the total amount claimed of $.

NOW THEREFORE, Affiant states under oath as follows:

1. AFFIANT'S IDENTITY AND AUTHORITY

1.1 Affiant is and has personal knowledge of the facts stated herein or is duly familiar with the business records and practices upon which this affidavit is based.

1.2 Affiant is authorized to make this affidavit on behalf of Plaintiff and based upon Affiant's personal knowledge, records, and investigation, the facts herein are true and correct.

2. STATEMENT OF FACTS

2.1 A copy of the operative pleading upon which default is predicated is attached as Exhibit A and is a true and correct copy of the pleading filed in this action.

2.2 Proof of service and default are attached as Exhibit B and constitute competent evidence of service, the Defendant's failure to respond, and entry of default.

2.3 The amounts claimed are supported by documents, account statements, invoices, and records attached as Exhibit C and incorporated herein by reference.

3. DAMAGES, COSTS, AND ATTORNEY'S FEES

3.1 Principal or unpaid balance: $.

3.2 Interest has accrued at the contractual or statutory rate of from through the date of judgment, resulting in interest of $ (computed as shown in Exhibit C).

3.3 Reasonable attorney's fees, claimed pursuant to contract/statute, total $, with itemization included in Exhibit C.

3.4 Court costs and other recoverable expenses total $.

3.5 The total amount due and owing as of the date of this affidavit is $, comprising principal, interest, attorney's fees, and costs.

4. RELIEF REQUESTED

Affiant requests that the Court enter judgment in favor of Plaintiff and against Defendant in the amount specified in section 3.5, together with post-judgment interest, costs of suit, attorney's fees as allowed by law or contract, and such further relief as the Court deems just and proper.

5. CERTIFICATION

I certify under penalty of perjury under the laws of the State of that the foregoing is true and correct to the best of my knowledge, information, and belief.

6. NOTICES

All notices required or permitted under this affidavit shall be delivered to the following address for Plaintiff's counsel or representative:

7. MISCELLANEOUS PROVISIONS

Governing Law: This affidavit shall be governed by and construed in accordance with the laws of the State of .

Entire Agreement: This affidavit, together with the attached exhibits, constitutes the entire prove-up evidence submitted by Plaintiff with respect to the matters addressed herein.

Severability: If any provision of this affidavit is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Amendment and Waiver: No amendment or waiver of any provision of this affidavit shall be effective unless in writing and signed by an authorized representative of the party against whom enforcement is sought. A failure or delay in exercising any right shall not constitute a waiver.

Counterparts: This affidavit may be executed in counterparts, each of which shall be an original and all of which together shall constitute one instrument.

Exhibits: All exhibits referred to in this affidavit are incorporated by reference and may be relied upon by the Court for the purposes of establishing damages, costs, and fees.

Exhibits A, B, and C are attached and identified.

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