88-2 District Court Land Contract Disputes Division
Lawsuits filed in the Land Contract Division are filed by the Seller of a Land Contract when the purchaser fails to make payments.
Forfeiture Notice Prior to Initiating a Lawsuit with the District Court: The Seller of the land contract must notify the Purchaser that the Seller will seek the Court's intervention if the payments are not brought current. This notification is done with a form called Forfeiture Notice, Land Contract. This form may be also obtained from the District Court window.
The notice must be served by personal service, 1st class mail, or substitute service with a proof of publication. The seller then must wait fifteen (15) days from the date of service before initiating a lawsuit.
Filing the Lawsuit After following the above steps and having waited the required 15 days: the Seller begins initiating the lawsuit by filing a Summons and Complaint with the Court. Be prepared to bring the following documents:
- 3 copies of the Forfeiture Notice which was previously served upon the defendant.
- 3 copies of the Land Contract and the original
- A $45.00 filing fee
The Summons/Complaint may be served on the Defendant by a Court approved process server, Montmorency County Sheriff's Department (in our county only) or certified/restricted mail delivery.
If the Plaintiff fails to appear on the scheduled court date, the case may be dismissed. If the Defendant fails to appear on the scheduled court date, the Judge will enter a default judgment in favor of the Plaintiff. This Judgment may be for a breach of contract and will then give you ninety (90) to 180 days to cure the breach.
Eviction: If the breach is not cured by the time stated on the Judgment, the Plaintiff may file for an Order of Eviction/Land Contract. The form is available at the District Court window also. The filing fee is $15.00 and required at the time of filing. Once signed by the Judge, the Plaintiff must take the form to a process server (Montmorency County Sheriff's Department) who will have the authority to remove the Defendant from the premises.
For more information on Landlord/Tenant or Land Contract Forfeiture cases and Court-approved forms, click on this link.
Wednesday, March 20, 2013 8:16 AM