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Information On Civil Process Papers And Eviction Procedures

by admin Oct 5, 2016 0 Comment

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The Procedures For An Eviction

Typically speaking, there will be a three step process when it comes to an eviction and the following civil process papers will be used:

Notice

There are 2 types of notices that include the 5-day notice used for the non-payment related to rent and the 30-day notice used for lease violations. These papers can either be mailed directly to the renter in the form of certified mail or served by a County Sheriff’s Office with a return receipt request.

Summons

Once the 5 or the 30 day notice period has expired, the landlord will be required to take copies of the notice letters to the necessary court and ask for what is known as the Summons for "Unlawful Detainer". This will be the stage the landlord will be given a court-date by the available court clerk and the renter known as the defendant will be served by the sheriff with a copy of this summons.

Writ Of Possession In Unlawful Detainer

When a judge has awarded in the favor of the landlord, civil process papers known as a Writ Of Possession is released to the landlord. These papers are described as a type of court order that gives a sheriff authorization to physical remove the individuals as well as their belongings from a property and then return the property to a landlord. In most cases courts will not issue these papers until such stage that an appeal period has passed. This period is typically 10 days except for when a landlord has requested that a judge grants the immediate possession in the hearing.

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