How do I evict a tenant?
You file a Dispossessory (eviction notice). A dispossessory is the correct action to file through the Magistrate Court when attempting to evict tenants from the propert
We ATTEMPT next day service, but in some cases, we are unsuccessful. However, our constable will serve them as quickly as he can.
When the tenant is served, the law allows them a total of seven (7) straight days from the date they receive the notice to file their answer (response). The seven (7) days include weekends, holidays, etc. If the 7th day falls on the weekend or a holiday, their answer is due on the next business day before 5:00 p.m.
If the tenant chooses to file an answer, within the seven days, filing their answer will stop the eviction process and you will receive a court date in the mail. If they choose not to answer, a writ of possession will be issued automatically giving you, the landlord the right to take the property back wheras you can remove all of their belongings.
In calling for a “status” to see “what’s going on” with your eviction, because of the volume of “status” phone calls and the volume of patrons, you may be placed on hold until a clerk is available.
How do I fill out a claim statement?
- You are the Plaintiff. At the top left corner, you will find the word “plaintiff”. Here is where you will fill in the information about yourself, to include: Name, Mailing Address and Phone Number.
- The defendant is the person you are filing against. At the top right corner, you will see the word “defendant”. This is where you will fill in the information about the person you are filing against. It is necessary to have their residence when filing. Small claims are filed in the county where the defendant lives. If you are unsure of their address, you will need to wait until you have the proper address before filing. (Remembering that we are not an investigative service, we will not search for addresses. We have only the information you bring with you at the time you file.) When filling in the information about the defendant, include their Name, Residence, and Phone Number.
- Centerd directly beneath the names of both parties, in bold print, you will find “Statement of Claim”. You will need to check the box that applies to you. If you are unsure as to whether the claim is a “suit on a note”, “suit on account”, or “other”, many select “other” with an explanation. You may use the space following, that reads, “plaintiff says the defendant is indebted to the plaintiff as follows:” for your explanation.
- You will notice two blank lines with dollar signs preceding them. In the first blank, include the total amount of the claim. In the second blank, list the court cost of $71 only. The court cost will be paid at the time of filing. All checks and/or money orders are payable to the Magistrate Court.
- If the statement of claim will be mailed, you will need to have it notarized first. Your signature will be needed on the blank line that reads “agent for Plaintiff”.
***All claims must be accompanied by a Sheriff Entry of Service***
- At the top right hand corner of the Sheriff’s Entry of Service, the plaintiff’s name and mailing address will need to be filled in so that upon service, you will receive a carbon copy returned to you.
- The defendant’s name and place to be served will need to be filled in at the lower left hand where it reads “Name and Address of Party to be Served”
What do I do if I am served with a dispossessory?
If you have been served with a Dispossessory (eviction notice), then your landlord has filed an eviction through the Magistrate Court against you attempting to evict you from the property.
You have a total of seven (7) straight days from the date you are served to file your answer (response).
(YOU CAN BE SERVED BY THE NOTICE BEING TACKED ON THE DOOR OR SERVED IN PERSON)
The seven (7) days includes weekends, holidays, etc. If the 7th day falls on the weekend or a holiday, your answer is due on the next business day before 5:00 p.m.
If you choose to file an answer, within the seven days, filing your answer will stop the eviction process and you will recieve a court date. If you choose not to answer, a writ of possession will be issued automatically to the landlord giving your landlord the right to immediately take the property back whereas they can evict you and remove all of your belongings.
Important Answers/Response Information:
- ALL ANSWERS MUST BE IN WRITING
- NO ANSWER CAN BE TAKEN OVER THE PHONE OR RECIEVED BY FAX
- ALL ANSWERS MUST BE FILED IN PERSON
- NO ONE CAN BRING YOUR ANSWER IN FOR YOU
- NO ADDITIONAL DAYS CAN BE GIVEN BY THE COURT BEYOND THE 7 DAYS TO FILE YOUR ANSWER