Summary Process (step two)
A
Summary Process Summons and Complaint is used by the court to schedule a
hearing date. In most cases the landlord must have served the tenant a
proper notice to quit that has expired prior to filing for summary process.
Each
court uses their own specific forms stamped with that courthouses seal. There
is a fee of $5 for each blank form. Our office can direct you on how to filled
out this form.
·
Landlord’s
name(s),
·
Address,
·
Landlord’s
contact information
·
Tenant’s name(s),
·
Address,
·
Break down of months owed and how much per month
·
Total amount owed
·
You should also add “any and all other occupants”
to the list of tenants.
On
every Summary Process Summons and Complaint dates play a critical role in
properly completing service. For a landlord some key dates you must pay
attention to are the last day service can be completed, entry date, answer
date, and trial date. All of these dates will be listed on a schedule form
provided by the court when acquiring the blank form.
The
last day service can be completed is always the Monday before the entry
date. So when requesting service, keep in mind that Monday’s will be the
last date to get the next available court date. Any day after will put
the court date back one week from the previous intended court date.
The entry date is the date by which you the landlord must file the original
summary process summons and complaint along with your proof of notice
terminating the tenancy (14 day, 30 day, etc.) with the court. This date
is typically any Monday at least seven days, but no more than 30 days, after
the date your tenant was served the summons. This entry date is the last
day that you may file, but you may go to the courthouse to file sooner if you
are in possession of the original summary process summons and complaint with
the completed return of service on the back.
The
court will charge a filing fee which is typically $135 for housing courts
and $195 for district courts.
The answer date is the date by which tenant(s) must return deliver to the court,
as well as, the landlord, his/her answer, (sides of the story). This
deadline is typically the Monday before the court date.
The court date is the date your case will be heard. The court date will
usually be the second Wednesday or Thursday depending on the court, after the
Monday entry date. On this day both parties will appear in court and
state their side of the case.
We
will help the landlord fill in the necessary information and then serve a copy
of the original. After service is completed we will complete the Return
of Service that is on the back of the original Summary Process Summons and
Complaint. We then mail this original back to you for you to file at the
respective courthouse.
There
are a number of outcomes that are possible at the trial, but if you win you
will typically be awarded Execution for Possession and receive it 10 days from
the judgment date (usually the trial date unless the judge takes it under
advisement). Once you receive the Execution for Possession from the court
you can come to our office and we will begin the next step, serving the 48 hour
notice for the physical eviction. |