Notice Of Claim Front And Back - Lake County printable pdf download

NOTICE TO THE PARTIES

You may appear in person or by an Attorney. If the Defendant does not want to dispute

Plaintiff’s claim, the Defendant may nevertheless appear at said time and place for the purpose of

allowing the Court to establish the method by which the judgment shall be paid. If the Defendant does

not appear as scheduled above, judgment by default may be entered against the Defendant and

Defendant’s earnings or property may be attached. If a Defendant has a counter-claim against the

Plaintiff arising from the same transaction or occurrence, the Defendant may assert it in writing and

deliver it to the Clerk no later than 10 days before the scheduled trial date. Failure to file such counter-

claim within this time will give the Plaintiff the right to request a continuance. If a counter-claim exceeds

the sum of Six Thousand ($6000.00) Dollars, a Defendant may waive the excess and proceed to trial.

However, a Defendant cannot sue for the balance at a later time. At the trial both parties should present

all receipts, documents and witnesses, which support your claim, defense or counterclaim. AGAIN, ALL

PARTIES SHOULD BRING THREE COPIES OF ALL DOCUMENTS THEY INTEND TO SUBMIT

AS EVIDENCE TO THE JUDGE.

IF THE PLAINTIFF OR DEFENDANT IS A CORPORATION, IT MUST BE

REPRESENTED BY AN ATTORNEY AT LAW, unless the Plaintiff’s claim is under Fifteen Hundred

($1500.00) Dollars. If so, the corporate representative selected to represent the corporation must be a

corporate employee authorized by a written resolution of the Board of Directors of the Corporation. In

addition thereto, such corporate representative must file an affidavit with the Clerk of the Court that he or

she is not a disbarred attorney or the representative of a collection agency. IF THE PLAINTIFF OR

DEFENDANT IS A SOLE PROPRIETORSHIP OR PARTNERSHIP AND THE CLAIM IS OVER

FIFTEEN HUNDRED DOLLARS ($1500.00), THE OWNER/PARTNER MUST APPEAR IN

PERSON OR HIRE AN ATTORNEY AT LAW. If the claim is less than Fifteen Hundred Dollars

($1500.00), the owner/partner may designate an employee to appear on their behalf; the designated

employee must have a written and signed authorization from the owner/partner. Furthermore, the

representative must file an affidavit with the Clerk of the Court that he or she is not a disbarred attorney

or the representative of a collection agency.

By filing a claim in the small claims court, Plaintiffs waive their right to trial by jury. If a

Defendant desires trial by jury, a Defendant must file with the Clerk of the Court an affidavit which states

that there are questions of fact requiring a trial by jury, and which specifies what those facts are and also

states that your jury demand is intended in good faith. This paperwork must be filed within 10 days

following Defendant’s receipt of this Notice of Claim. Defendant’s failure to timely file this paperwork

with the Clerk may result in the request for a jury trial being denied. Furthermore, in order to obtain a

trial by jury, the Defendant must pay a Seventy ($70.00) Dolla r transfer fee.

All out of Court settlements should be in writing and signed by all parties and filed with the Clerk

of this Court.

If you cannot appear at the scheduled time for trial and want to request a continuance, you must

submit, IN WRITING, the reasons why you cannot come to Court; this request needs to be sent to the

Clerk of this Court; the Clerk must receive this request not less than 5 days before the trial date. The

Clerk’s address is listed on the front of this form. Continuances will only be granted upon the showing of

good cause.

Unless the corporation, sole proprietorship/partnership or collection agency exceptions apply, you

do not need an attorney to represent you. The trial will be conducted in an informal manner.

SERVICE INFORMATION

SHERIFF’S RETURN:

Come to hand ____________________________, 20____. 1. Served by delivering a true copy

to the within named ________________________. 2. Served by leaving a true copy at the last and usual

place of residence of _______________________________. 3. The within named

__________________________________ is not found in my bailiwick. This the __________ day of

______________________________, 20____.

SHERIFF BY: _______________________________________

Notice Of Claim Front And Back - Lake County

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