HARRY HUGHES, Governor

2981

COMPLAINT UNDER OATH OR AFFIRMATION, BEFORE THE DISTRICT
COURT OF THE COUNTY WHEREIN THE PROPERTY IS SITUATED,
DESCRIBING IN GENERAL TERMS THE PROPERTY SOUGHT TO BE
REPOSSESSED, AND ALSO SETTING FORTH THE NAME OF THE RESIDENT
TO WHOM THE PROPERTY IS RENTED OR HIS ASSIGNEE OR SUBTENANT
WITH THE AMOUNT OF RENT DUE AND UNPAID; AND PRAYING BY
WARRANT TO REPOSSESS THE PREMISES, TOGETHER WITH JUDGMENT
FOR THE AMOUNT OF RENT DUE AND COSTS. THE DISTRICT COURT
SHALL ISSUE ITS SUMMONS, DIRECTED TO ANY CONSTABLE OR
SHERIFF OF THE COUNTY ENTITLED TO SERVE PROCESS, AND
ORDERING HIM TO NOTIFY BY FIRST-CLASS MAIL THE TENANT,
ASSIGNEE, OR SUBTENANT TO APPEAR BEFORE THE DISTRICT COURT
AT THE TRIAL TO BE HELD ON THE FIFTH DAY AFTER THE FILING OF
THE COMPLAINT, TO ANSWER THE PARK OWNER'S COMPLAINT TO SHOW
CAUSE WHY THE PRAYER OF THE PARK OWNER SHOULD NOT BE
GRANTED, AND THE CONSTABLE OR SHERIFF SHALL PROCEED TO SERVE
THE SUMMONS UPON THE RESIDENT, ASSIGNEE, OR SUBTENANT IN THE
PROPERTY OR UPON HIS KNOWN OR AUTHORIZED AGENT, BUT IF FOR
ANY REASON, NEITHER THE RESIDENT, ASSIGNEE, OR SUBTENANT,
NOR HIS AGENT, CAN BE FOUND, THEN THE CONSTABLE OR SHERIFF
SHALL AFFIX AN ATTESTED COPY OF THE SUMMONS CONSPICUOUSLY
UPON THE MOBILE HOME. THE AFFIXING OF THE SUMMONS UPON THE
MOBILE HOME AFTER DUE NOTIFICATION TO THE RESIDENT,
ASSIGNEE, OR SUBTENANT BY FIRST-CLASS MAIL SHALL
CONCLUSIVELY BE PRESUMED TO BE A SUFFICIENT SERVICE TO ALL
PERSONS TO SUPPORT THE ENTRY OF A DEFAULT JUDGMENT FOR
POSSESSION OF THE PREMISES, TOGETHER WITH COURT COSTS, IN
FAVOR OF THE PARK OWNER, BUT IT SHALL NOT BE SUFFICIENT
SERVICE TO SUPPORT A DEFAULT JUDGMENT IN FAVOR OF THE PARK
OWNER FOR THE AMOUNT OF RENT DUE.

(C) (1) IF, AT THE TRIAL ON THE FIFTH DAY INDICATED IN
SUBSECTION (B) OF THIS SECTION, THE COURT IS SATISFIED THAT
THE INTERESTS OF JUSTICE WILL BE BETTER SERVED BY AN
ADJOURNMENT TO ENABLE EITHER PARTY TO PROCURE HIS NECESSARY
WITNESSES, HE MAY ADJOURN THE TRIAL FOR A PERIOD NOT
EXCEEDING 1 DAY, EXCEPT THAT IF THE CONSENT OF ALL PARTIES
IS OBTAINED, THE TRIAL MAY BE ADJOURNED FOR A LONGER PERIOD
OF TIME.

(2)  IF, WHEN THE TRIAL OCCURS, IT APPEARS TO THE
SATISFACTION OF THE COURT, THAT THE RENT, OR ANY PART OF THE
RENT, IS ACTUALLY DUE AND UNPAID, THE COURT SHALL DETERMINE
THE AMOUNT OF RENT DUE AND ENTER A JUDGMENT IN FAVOR OF THE
PARK OWNER FOR POSSESSION OF THE PREMISES. THE COURT MAY
ALSO GIVE JUDGMENT IN FAVOR OF THE PARK OWNER FOR THE AMOUNT
OF RENT DETERMINED TO BE DUE TOGETHER WITH COSTS OF THE SUIT
IF THE COURT FINDS THAT THE ACTUAL SERVICE OF PROCESS MADE
ON THE DEFENDANT WOULD HAVE BEEN SUFFICIENT TO SUPPORT A
JUDGMENT IN AN ACTION IN CONTRACT OR TORT.

(3)  THE COURT, WHEN ENTERING THE JUDGMENT, SHALL
ALSO ORDER THE RESIDENT TO YIELD AND RENDER POSSESSION OF
THE PREMISES TO THE PARK OWNER, OR HIS AGENT OR ATTORNEY,
WITHIN 30 DAYS AFTER THE TRIAL.