Plaintiff must serve the defendant with a 7 day “termination of possession/notice to vacate premises”(business days, not including service date, weekends or holidays). It can be hand delivered, posted on the door or by certified mail.
On the 8th business day, the plaintiff can file the Unlawful Detainer with the Clerks Office.
Plaintiff must file a copy of the lease (if one exists) and a copy of the termination notice when filing the unlawful detainer.
The Unlawful Detainer goes to the Sheriff Department for service. Defendant has 7 days to file their answer. If no answer is filed the defendant is in Default. It is the plaintiff’s responsibility to keep the court notified of the number of days lapsed. After the 7 days have expired and the tenants have not vacated the premises the plaintiff may file an Application for Default Judgment on the possession and will not have to appear in court or can request a court appearance date.
If the plaintiff wants monetary damages and possession a $50 application fee will be charged for the Application for Default Judgment.
If the Defendant files an answer within the appropriate time, the case will be set for the next available Civil court date.
If a Judgment is rendered in a ‘possession only’ case, the Defendant has 7 days to file an appeal.
If a Judgment is rendered in a possession/damages’ case the defendant has 7 days to appeal on the possession complaint and 14 days to appeal the monetary damages.
All filings fees should be cash, money order, or cashiers check, no personal checks. Cash must be the exact amount.