Notice of claim
- • content
- • service
(1) Upon the filing of a claim in the small claims department of a circuit court, the clerk shall issue a notice in the form prescribed by the court.
(2) The notice shall be directed to the defendant, naming the defendant, and shall contain a copy of the claim.
(3) The notice and claim shall be served upon the defendant either in the manner provided for the service of summons and complaint in proceedings in the circuit courts or by certified mail, at the option of the plaintiff. If service by certified mail is attempted, the plaintiff shall mail the notice and claim by certified mail addressed to the defendant at the last-known mailing address of the defendant. The envelope shall be marked with the words Deliver to Addressee Only and Return Receipt Requested. The date of delivery appearing on the return receipt shall be prima facie evidence of the date on which the notice and claim was served upon the defendant. If service by certified mail is not successfully accomplished, the notice and claim shall be served in the manner provided for the service of summons and complaint in proceedings in the circuit courts.
(4) The notice shall include a statement in substantially the following form:
NOTICE TO DEFENDANT:
READ THESE PAPERS CAREFULLY!!
Within 14 DAYS after receiving this notice you MUST do ONE of the following things:
Pay the claim plus filing fees and service expenses paid by plaintiff OR
Demand a hearing OR
Demand a jury trial
If you fail to do one of the above things within 14 DAYS after receiving this notice, then upon written request from the plaintiff the clerk of the court will enter a judgment against you for the amount claimed plus filing fees and service expenses paid by the plaintiff, plus a prevailing party fee.
If you have questions about the small claims court filing procedures after reading this notice, you may contact the clerk of the court; however, the clerk cannot give you legal advice on the claim.
______________________________________________________________________________ [1971 c.760 §6; 1977 c.875 §4; 1977 c.877 §9a; 1989 c.741 §1; 1991 c.111 §4; 1991 c.195 §2; 1995 c.658 §47; 1997 c.872 §§8,9]
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