13. Due process concerns not only the form and timing of notice, but also the content of...

Question:

13. Due process concerns not only the form and timing of notice, but also the content of the information provided. In AGUCHAK v. MONTGOMERY WARD CO., 520 P.2d 1352

(Alaska 1974), a department store sold a snowmobile and freezer to the Aguchaks, which they took to a remote area where they lived. When the Aguchaks allegedly did not pay, the seller sent a summons to which the Aguchaks did not respond and a default judgment of $988.22 plus costs was entered against them. The summons did not inform the Aguchaks that they could appear by a written pleading, nor did it inform them that they had a right to request a change of venue. Travel to court would have required at least a one night stopover and cost

$186. On appeal, the Supreme Court of Alaska held that the summons in small claims cases had to include this information, and it set aside the default judgment.

Fantastic news! We've Found the answer you've been seeking!

Step by Step Answer:

Related Book For  book-img-for-question

Civil Procedure Cases And Materials

ISBN: 9780314280169

11th Edition

Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff

Question Posted: