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.
Step by Step Answer:
Civil Procedure Cases And Materials
ISBN: 9780314280169
11th Edition
Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff