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General
Information
Clerk
of Court
Probation
Links Bureau
of Motor Vehicles
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Eviction (Forcible Entry & Detainer)
This
type of complaint is filed by a landlord (or their attorney) against
tenants who have failed to keep their rent current.
It may also be filed due to a violation of the lease.
If anyone has co-signed a lease, they are also named in this type
of complaint and are responsible for any past due rent and damages
incurred. Eviction
hearings are scheduled for Thursday afternoons beginning at 1:30 p.m.
This hearing is only on the eviction portion of the complaint.
Eviction complaints usually have two causes of action – the
first cause is for the restitution (return) of the premises, and the
second cause is for the past due rent and any damages that may have been
made to the premises. An individual has twenty-eight (28) days to answer the second
cause of action in the same manner as in a civil complaint. Eviction
complaints are served by personal service by our deputy bailiff.
If service cannot be obtained by personal service, the next step
is to send the complaint through the mail by certified mail and
certificate of mailing. After
a landlord has received judgment for restitution of the premises, the
tenant(s) should voluntarily move out as soon as possible. If a tenant does not voluntarily move out, the landlord may
file for a writ of restitution. Once
a writ of restitution is issued, it becomes the responsibility of the
court’s deputy bailiff to physically move an individual’s personal
belongings out of the premises. The
landlord will be contacted to provide the necessary help to accomplish
this. The landlord or court
is not responsible for any theft or damage to a tenant’s belongings as
a result of an eviction. Therefore,
it is in the best interests of a tenant to move their own belongings
voluntarily. There are no forms available from the Clerk’s Office for this procedure.
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