Legislation
SECTION 85.20
Demand for payment
Local Finance (LFN) CHAPTER 33-A, ARTICLE 2, TITLE 6-A
§ 85.20 Demand for payment. a. In any case where a demand for payment
is required as a condition precedent to the doing of any act or the
commencement of any action or special proceeding pursuant to section
85.10 of this title, the demand shall comply with the provisions of this
section.
b. The demand shall be in writing, sworn to by or on behalf of the
claimant, and shall set forth:(1) the name and post-office address of
each claimant, and of his attorney, if any; (2) the contract, debt or
obligation involved; (3) the nature and basis of the claim; (4) the time
when the claim arose; (5) the items of damage claimed to have been
sustained so far as then practicable; and (6) the nature of the act
proposed to be done or of the action or special proceeding proposed to
be commenced by the claimant.
c. The demand shall be served on the municipality against whom the
claim is made by delivering a copy thereof, in duplicate, personally, or
by registered mail, to the person, officer, agent, clerk or employee,
designated by law as a person to whom a summons in an action in the
supreme court issued against such municipality may be delivered.
d. Anytime after the date of service of the demand for payment and at
or before the trial of an action or the hearing upon a special
proceeding to which the provisions of this section are applicable, a
mistake, omission, irregularity or defect made in good faith in the
demand required to be served by this section, not pertaining to the
manner or time of service thereof, may be corrected, supplied or
disregarded, as the case may be, in the discretion of the court,
provided it shall appear that the other party was not prejudiced
thereby. Application for such relief, if made before trial or hearing,
shall be by motion, on affidavits; if made before the action or special
proceeding is commenced, shall be by motion, on the petition of the
claimant, or someone on his behalf. Failure to serve more than one copy
may be corrected by such motion.
is required as a condition precedent to the doing of any act or the
commencement of any action or special proceeding pursuant to section
85.10 of this title, the demand shall comply with the provisions of this
section.
b. The demand shall be in writing, sworn to by or on behalf of the
claimant, and shall set forth:(1) the name and post-office address of
each claimant, and of his attorney, if any; (2) the contract, debt or
obligation involved; (3) the nature and basis of the claim; (4) the time
when the claim arose; (5) the items of damage claimed to have been
sustained so far as then practicable; and (6) the nature of the act
proposed to be done or of the action or special proceeding proposed to
be commenced by the claimant.
c. The demand shall be served on the municipality against whom the
claim is made by delivering a copy thereof, in duplicate, personally, or
by registered mail, to the person, officer, agent, clerk or employee,
designated by law as a person to whom a summons in an action in the
supreme court issued against such municipality may be delivered.
d. Anytime after the date of service of the demand for payment and at
or before the trial of an action or the hearing upon a special
proceeding to which the provisions of this section are applicable, a
mistake, omission, irregularity or defect made in good faith in the
demand required to be served by this section, not pertaining to the
manner or time of service thereof, may be corrected, supplied or
disregarded, as the case may be, in the discretion of the court,
provided it shall appear that the other party was not prejudiced
thereby. Application for such relief, if made before trial or hearing,
shall be by motion, on affidavits; if made before the action or special
proceeding is commenced, shall be by motion, on the petition of the
claimant, or someone on his behalf. Failure to serve more than one copy
may be corrected by such motion.