DEFENDANT'S INSTRUCTIONS

  1. Please fill out the enclosed answer form and return it to the Clerk's Office.

  2. If the attached complaint shows this case to be in small claims, it is not necessary to hire an attorney although you may dos so, if you wish.  In the event both parties do not have attorneys, the Judge shall ask questions of each party and decide the case on the evidence.

  3. You may bring witnesses with you to testify on your behalf or you may have witnesses subpoenaed by providing a list of their names and addresses and telephone numbers to the Court Clerk of the Polk County District Court.  There will be an additional cost for service of each subpoena.

  4. Bring to court all papers, receipts and other materials that might be useful as evidence in the case.

  5. If you wish to contest this claim and it is not possible to appear on the disposition date on the complaint, please notify the Clerk of the Court in person or by telephone no later than five days prior to the court date, and the Clerk will assist you in requesting a new date.  In arranging this new date, keep in mind that court meets at 1:30 p.m. on the third Tuesday of each month.  If you do not appear at the new date a judgment will be entered against you.  The telephone number of the Court Clerk is (479) 394-3271.

  6. Bring this form with you when you come to court.

  7. In court, direct all statements and questions to the Judge.

IMPORTANT:  IF YOU FAIL TO FILE A WRITTEN ANSWER, A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU FOR THE AMOUNT OF THE CLAIM FILED PLUS THE COURT COSTS.  IF THIS OCCURS, YOUR WAGES OR BANK ACCOUNTS MAY BE GARNISHED, OR ANY OF YOUR PERSONAL PROPERTY MAY BE TAKEN AND SOLD TO PAY THE JUDGMENT.

DO NOT FAIL TO FILE A WRITTEN ANSWER

TO THE ABOVE NAMED DEFENDANT'S):

  1. You have been SUED by the afore named plaintiff(s).

  2. YOU MUST FILE THE ATTACHED ANSWER FORM WITH THIS COURT, WITHIN 20 DAYS FORM THE DATE ON WHICH YOU RECEIVED THIS SUMMONS OR A JUDGMENT MAY BE ENTERED AGAINST YOU.

  3. In the event you fail to file a written answer, a judgment may be entered against you.  If a judgment is entered against you, you do have the right to appeal to Circuit Court within 30 days after the disposition date on the reverse side.

  4. You may seek the advice of an attorney on any matter connected with this suit or your answer.  Such attorney should be consulted immediately so that an answer may be filed within the time limit stated above.

Amount for which the plaintiff may take judgment if you fail to appear, excusive of interest:
 

Claim Amount: $
Court Fees: $
Service Fee: $
Total: $
Witness my hand and seal this day:
 
   

 

 

District Court Clerk

 

 

 

 

 

 

06/04/05 11:34 AM
District Court
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