IN THE COUNTY COURT OF POLK COUNTY, FLORIDA

CLAIMS DIVISION

CASE NO. _______________________

Plaintiff,

vs.

Defendant.

_________________________________________________/

NOTICE OF ACTION

TO: Above Named Defendant

    YOU ARE HEREBY NOTIFIED that an action for ___________________________________ has been filed against you in this Court.

    YOU ARE REQUIRED TO APPEAR before Judge ___________________ on the ______ day of _______________, 19____ at _________ M. at _______________________________________________________________________ to answer the Statement of Claim filed herein. Any written answer or other pleadings must be filed with the Clerk of this Court and copies thereof furnished to the above named plaintiff.

    Upon your failure to appear on the above indicated date, a default judgment may be entered against you for the relief demanded in the Statement of Claim.

    RIGHT TO VENUE: The law gives the person or company who has sued you, the right to file suit in any of several places as listed below. However, if you have been sued in any place other than one of these places, you, as the defendant, have the right to request that the case be moved to a proper location or venue. A proper location or venue may be one of the following:

        1. Where the contract was entered into

        2. If suit is on unsecured promissory note, where note is signed or where maker resides

        3. If the suit is to recover property or to foreclose a lien, where the property is located

        4. Where the event giving rise to the suit occurred

        5. Where any one or more of the defendants sued reside

        6. Any location agreed to in a contract

    If you, as a defendant, believe the plaintiff has not sued in one of these correct places, you may appear on your court date and orally request a transfer or you may file a written request for transfer, in affidavit form (sworn to under oath) with the Court seven days prior to your court date and send a copy to the plaintiff, or plaintiff=s attorney, if any.

If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Office of the Court Administrator, (941) 534-4690, within two (2) working days of your receipt of this Notice of Action; if you are hearing or voice impaired, call TDD (941) 534-7777 or Florida Relay Service (800) 955-8770.

    WITNESS MY HAND and the Official Seal of this Court on ____________________, 19____.

                                                                                                                    RICHARD M. WEISS, Clerk

                                                                                                                    Circuit and County Courts

                                                                                                                    Drawer CC-12, P. O. Box 9000

                                                                                                                    Bartow, Florida 33831-9000

(SEAL)                                                                                                         BY_____________________________D.C.

REV. 08/97

35.doc (08/97)