Section 17-25.—Motion for Default and Judgment; Affidavit of Debt; Military Affidavit; Bill of Costs; Debt Instrument

Section 17-25 sets out what a plaintiff must file to obtain a default judgment on a debt claim covered by this cluster of rules. Under subsection (a), the plaintiff files a motion for default for failure to appear and judgment, a bill of costs, a proposed judgment and notice to all parties, and, if applicable, a request for an order of weekly payments under Section 17-26. Subsection (b) requires two affidavits attached to the motion: an affidavit of debt, signed by the plaintiff or an authorized representative who is not the plaintiff’s attorney, stating the amount due or principal owed, itemizing interest, attorney’s fees, and other lawful charges, and confirming that any attached documents are true copies of the originals. Any interest claimed must be separately stated, with the dates interest runs from and to, the rate, how it was calculated, and the authority for the claim.

Where the claim is based on a negotiable instrument or assigned contract, the affidavit must state that the plaintiff now owns the instrument or contract, with a copy attached. If the plaintiff was not the original party to the instrument or contract, the plaintiff must either attach all bills of sale back to the original creditor and swear to purchasing the debt from the last owner, or recite the names of all prior owners with the date of each sale and attach the most recent bill of sale, swearing to the purchase from that seller. If the plaintiff claims fees or charges other than interest, including a reasonable attorney’s fee, the affidavit must attach the contract terms authorizing those charges and the amount claimed, and if a reasonable attorney’s fee is claimed, the affidavit must explain the reasons for the specific amount requested. The second required affidavit is a military affidavit under Section 17-21. Subsection (c) preserves the judicial authority’s power to require additional documentation or the presence of the plaintiff, an authorized representative, other affiants, or counsel before rendering judgment if more information is needed.