How do I serve the other party with notice of my small claims court case?
When filing a small claims court case in Idaho, the other party must be served with notice of the case. This can be done in one of two ways: either through personal service or through publication via a newspaper. Personal service is the preferred method of notice for small claims cases. In Idaho, this can be done by someone who is over 18 years old who is not a party to the case. The person who serves the notice must bring a copy of the complaint to the other party, fill out an Affidavit of Service form, and provide a copy to the other party. If personal service can’t be accomplished, then notice can be given through publication in a newspaper. The newspaper must be published within the state of Idaho and it must provide written notice of the case for at least two successive publications. Before publishing the notice, the party must file an Affidavit of Publication with the court clerk’s office. A copy of the notice must also be sent to the other party, either by first-class mail or registered mail. It is important to note that if the other party cannot be located, then service of the notice may not be required. However, it is best to consult with an attorney with experience in Idaho small claims court cases before making any decisions.
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