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Eviction Court Filing Forms

Filing an Eviction Case in Court

After a landlord has served an eviction notice to a tenant, they can initiate a court case for eviction (and damages).

In most cases, the filing process for a court claim is:

  1. Prepare and file case initiation paperwork in court (including coversheets and summons where required by the court). Example form.
  2. Get a stamped summons from the court clerk
  3. Serve the defendant (the tenant) the summons and file a proof of service in court

After the case is filed and served, the defendant (tenant) has a certain amount of time to file a "response" to the case. A response is where the defendant indicates whether they accept the claim and immediately lose, or they dispute the claim and will contest it. They usually have 5 - 10 days to do this, depending on the state.

If the tenant gets a lawyer, this will also be indicated in their response.

Filing for default judgement if the tenant does not respond

In some cases, the tenant may not respond at all within the allowed time. This may be relatively common depending on the type of dispute and sophistication or desire to contest the case of the tenant.

The default process requires a landlord to first file an motion for Default with the court clerk and then a motion for default with the judge.

The physical eviction

If the landlord wins the eviction case (after a trial or by default), they can finally obtain a writ of possession form which is an order from the court to the sheriff to assist the landlord in taking physical posession of the property.

All Eviction Court Filing Forms

These forms have been gathered and/or prepared without any warranty or guarantee of their effectiveness, correctness, or validity to resolve any issue. They are provided for convenience for those who know exactly what they need. If you are unsure, please contact an attorney near you to get the legal advice you need.