Civil FIFA - Forms

  Affidavit For Judgment and Writ of FIFA on Consent Judgment (MAG 13-02) [DOC]
    Purpose of form: To provide for the issuance of a judgment when the defendant in judgment has failed to make payments in accordance with the terms of the consent judgment.

Example: The parties enter into a consent judgment, MAG 11-01, providing for the payment of court costs + $1200.00 principal in equally monthly installments of $100.00/month. The defendant makes 2 payments and then defaults in making any additional payments. The plaintiff would use form to apply for a judgment in the amount of $1000.00 ($1200.00 - 2 payments of $100.00 = $1000.00) + the issuance of a writ of fi.fa.

The sum of $4.00 needs to be paid to the clerk of court so that a Writ of Fi.Fa can be issued and recorded.

  Request to Issue Judgment and or FIFA (MAG 13-03) [DOC]
    Purpose of form: To request in writing that the court issue a judgment in a civil case or a garnishment case when the defendant or garnishee has failed to file an answer.

The clerk of court and judicial assistants of magistrate court routinely monitor the status of cases to determine if they are eligible for a default judgment. Therefore, it is not absolutely necessary that a plaintiff request that the case be reviewed for this purpose.

The prevailing party must request that a writ of fi.fa. be issued and pay the requisite recording fee for such issuance.