Section 85.20. Demand for payment  


Latest version.
  • 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.