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Document health_mcleancountyil_gov_doc_aad03ade57

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IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT STATE OF ILLINOIS McLEAN COUNTY Case Number Amount Claimed Plaintiffs, vs. Defendants. ARBITRATION CASE SUMMONS To each defendant: You are hereby summoned and required to appear before the Court at on , 20___ at to answer the complaint in this case, a copy of which is attached. If you fail to do so, a judgment by default may be taken against you for the relief asked in the complaint. To the officer: This summons must be returned by the officer or other person to whom it was given for service, with endorsement of service and fees, if any, immediately after service and not less than 3 days before the day of appearance. If service cannot be made, this summons shall be returned so endorsed. This summons may not be served later than 3 days before the day of appearance. Witness: (Seal) (Clerk of Court) (Deputy) Plaintiff’s Attorney (or plaintiff, if he is not represented by an attorney.) Address: Telephone: Date of Service: (To be inserted by officer on copy left with defendant or other person.) ---PAGE BREAK--- Day Certain Summons - $10,000.00 to $50,000.00 Notice to Plaintiff: When preparing the Summons, the return date, which will be not less than 21 or more than 40 days after the date of issuance of summons, will be set by the Clerk of the court at the time of filing the Complaint. If you fail to appear on the date set for return as shown on the face of this summons, the case will be dismissed for want of prosecution. If both you and the Defendant do not have an attorney, the Court will offer mediation at your first court date. Mediation is an opportunity for you and the other party to privately resolve your dispute with a trained mediator’s assistance. Notice to the Defendants: You are required to personally appear at the time and place specified on the face of this summons. If you fail to do so a judgment may be entered against you for the relief asked in the complaint filed in this cause. Service of this summons upon you requires that you or your attorney appear in person at the time and place specified on the face of this summons and make your presence known to the Court. Because of the amount claimed in the Plaintiff’s complaint, this case is subject to mandatory arbitration. The case will be litigated before a panel of three attorney/arbitrators in a hearing resembling a traditional bench trial. Each party makes a concise presentation of his case to the panel of arbitrators who then deliberate the issues and make an award on the same day. In the event one of the parties is not satisfied with the panel’s decision, he or she may, upon the payment of the proper fee, the filing of the proper form with the Clerk of the Circuit Court, and by giving notice to all parties, reject the award. The parties will then proceed to trial before a judge as if the arbitration hearing had never occurred. If you dispute the claim, you must file your appearance and pay the required fee with the Clerk of the Circuit Court before the date of arbitration. If you fail to file an appearance and pay the fee, a judgment by default may be entered against you. The appearance fee may be waived by Court order. You must file a Petition for Leave to Defend as a Poor Person, asking the court to waive the fee. This form may be found in the Office of the Circuit Clerk, at the Self-Help Center, located on the 6th floor of the Law & Justice Center, 104 W. Front Street, Room 665, Bloomington, IL, or online at http://mclean,illinoislegalaid.org. If both you and the Plaintiff do not have an attorney, the Court will offer mediation at your first court date. Mediation is an opportunity for all parties to privately resolve your dispute with a trained mediator. The mediation will take place the same day. If you and the other party are able to reach an agreement, your appearance fee will be waived and the case will be concluded. If you refuse mediation or are unable to reach an agreement, you must pay the appearance fee, and the case will be set for an arbitration hearing. Your failure to appear or respond to this summons in one of the above-prescribed manners may result in a judgment of default being entered against you for the amount claimed in the complaint plus court costs. You may find more information on mediation and small claims cases in the Office of the Circuit Clerk, at the Self-Help Center (Room 665 at the Law & Justice Center), or online at http://mcleanillinoislegalaid.org. If you cannot find an attorney to help you in court, the following are some options: Depending on the amount of money you earn, you may be eligible for legal aid. Prairie State Legal Services has a toll-free advice line at (800) 531-7057. This service is available Monday through Friday from 9:05 to 11:45 a.m. and 1:05 to 4:00 p.m. You may be able to speak to an attorney about your legal problem. If you have money to pay an attorney, you may contact the Illinois State Bar Association’s Lawyer Finder Service at www.illinoislawyerfinder.com. This service will give you the name of a local attorney with whom you may discuss your legal problem for a very low fee. After the initial consultation, you can decide whether or not to hire the attorney. If you are still unable to find an attorney, the McLean County Law & Justice offers the free McLean County Legal Self-Help Center. This internet-based legal self-help center will help you find information about your legal problem, videos on what to do in court, and forms related to arbitration/small claims, etc. The McLean County Legal Self-Help center is located on the 6th floor of the McLean County law & Justice Center, 104 W. Front Street, Room 665, Bloomington, Illinois. An assistant (called the navigator) is available at the center from 1:00 p.m. until 4:30 p.m. each day. The navigator will help you use the self-help center and find the information you need. If you have a computer with access to the internet, you can access the Legal Self-Help Center online at http://mclean.illinoislegalaid.org.