Form Sm-2 - Statement Of Claim For Specific Property Page 2
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1
2Form SM-2 (back) Rev. 3/95
INSTRUCTIONS TO THE PLAINTIFF’S
This is your case, and if you are acting as your own lawyer, you are responsible in seeing that your claim is successfully presented
at each stage of the procedure until it is concluded.
The clerk of the court has a brochure which tells you how to handle a Small Claims case. This brochure is free to you on request..
1.
You must complete one of these forms for each defendant you wish to sue.
Each defendant must be described by
his/her correct legal name and address (not a post office box). Be as brief as possible but include every important name,
date and place
2.
To start your case you must file the completed form with the clerk assigned to Small Claims cases. The clerk will stamp
a copy for you to show that the case has been filed and will insert the number of the case on the front of this form.
3.
You are responsible for seeing that each defendant receives a copy of this form. If you haven’t heard from anyone about
the case in about
fourteen days,
then check with the clerk’s office, to make sure that each defendant has been
served.
4.
If any of the defendants ask for a trial you will be notified of the place, the date, and the time. You must be present or
your case will be dismissed. You may take a judgment by default fourteen (14) days after the defendant has received
a copy of this form, if the defendant fails to file his/her Answer.
5.
You are responsible to see to the enforcement of any judgment that is awarded to you. The Small Claims brochure will
tell you how to go about recovering your money.
It is not the responsibility of the court or the clerk to collect the
judgment for you.
ANY TIME YOU CONTACT THE CLERK ABOUT THIS CASE YOU MUST REFER TO THE CASE NUMBER ON THE FRONT.
INSTRUCTIONS TO SHERIFF OR PROCESS SERVER
To Any Sheriff or Any Person Authorized by Rule 4.1(b)(1) or 4.1(b)(2) of the Alabama Rules of Civil Procedure to Effect Service in
the State of Alabama.
You are hereby commanded to serve this summons and a copy of the Statement of Claim in this action upon the defendant(s) named
________________________________________________________________________________________________________
________________________________________________________________________________________________________
and make proper return to this court.
Date ________________________
__________________________ By_____________________
Clerk
RETURN ON SERVICE:
Served on defendant(s) named _______________________________________________________________________________
________________________________________________________________________________________________________
by delivering a copy of the Summons and Statement of Claim to him/her in ____________________________________________
County, Alabama, on (Date) ______________________________________________________________________,
____________________________________________________
Process Server Signature
____________________________________________________
Title of Process Server
This
service
by
certified
mail
of
this
Summons
and
Statement
of
Claim
is
initiated
upon
the
request
of
______________________________________________ pursuant to Rule 4.1.(c) of the Alabama Rules of Civil Procedure.
Date Requested ___________________________________
Date Mailed __________________________________________
Return Receipt Date _______________________________
______________________________ By___________________
Clerk
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