After following the
above steps and having waited the 15 days, the Seller begins
initiating the lawsuit by filing a Summons and Complaint with
the Court. WHEN COMING TO THE COURT TO FILE A LAND
CONTRACT SUIT, YOU MUST BE PREPARED TO BRING THE FOLLOWING:
- 3 copies of the Forfeiture Notice
which was previously served upon the Defendant
- 3 copies of the Land Contract; and,
- A $45.00 filing fee (cash or money
order only).
You must then fill out a Summons and
Complaint for Land Contract Forfeiture. The forms are
$1.00 each and may be purchased at the Clerk's office.
Once you have filled out the Summons and Complaint along with
attaching the above required items, the Court Clerk will assign
a case number and a court date. The court date, as
required by law, will be between 15 and 30 days from the date
of filing.
The Seller (who is now the Plaintiff in
the lawsuit) must then have the Summons and Complaint served on
the Defendant by a process server or by certified mail,
restricted delivery. If you do not know a process server,
you may look in the phone book.
If the Plaintiff (seller) fails to
appear on the scheduled court date, the Judge will dismiss the
case.
If the Defendant (purchaser) fails to
appear on the scheduled court date, the Judge will enter a
Judgment against the Defendant. This Judgment may be for
a breach of contract and will then give you 90 to 180 days
(depending on how much has been paid on the contract) to cure
the breach. NOTE, if the property is more than half paid
for, 180 days to cure the breach will be given. If the
property is les than half paid then 90 days will be given to
cure the breach.
If the Defendant fails to cure the
breach by the date given on the Judgment, an order of eviction
may be issued and the contract will be forfeited.
Forfeiture Notice