Analysis

Topic: Revises Procedures for Service of Summons in Land Contract Proceedings
Sponsor: Representative Koetje
Date Introduced: February 13, 2001
Date Enrolled: October 26, 2001
Date of Analysis: October 30, 2001

Position: The Department of Consumer and Industry Services supports the bill.

Background: Currently, a summons served on a defendant to appear in a civil proceeding concerning a land contract forfeiture orders the defendant to appear for trial within 15 days of the court's issuance of the summons. The summons must be served at least 10 days before the date set for trial.

Delays in mail processing can lead to delays in processing documents by the court. Within the current time frame, it is not uncommon that by the time all documents have been properly processed, there remains only a day or two within which to serve the summons to the defendant in such proceedings. This can result in the proceedings having to be started over again, with a re-issuance of the summons, if the defendant cannot be served in that short amount of time.

Description of Bill: House Bill 4174 would double the amount of time, from the current 15 days to 30 days, given for a defendant in land contract forfeiture proceedings to appear for trial after the issuance of a summons by the court. The bill would also clarify that the 30 days is calculated from the date the summons is issued.

Arguments For: By increasing the amount of time in which a summons may be served on a defendant in a land contract forfeiture dispute, the bill would lessen the likelihood that a summons would have to be reissued. By avoiding the re-issuance of a summons, you prevent wasting precious resources (i.e. staff, paper) and processing time.

Arguments Against: There has been no opposition registered against this bill.

Supporters/Opponents: The Center for Civil Justice supports the bill.

Fiscal Information: There is no fiscal impact associated with this bill.

Economic Impact: There is no economic impact associated with this bill.

Administrative Rules Impact: There is no impact on administrative rules.