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Forcible Detainer Procedures
- If the complaint for Forcible Detainer includes a suit for unpaid rent, the plaintiff/landlord must clearly state the amount of back rent for which judgment is being sought (within the jurisdictional limit of $10,000.00), and should reserve the right to include any additional rents that may become due during the pendency of the suit.
- The landlord, his/her attorney, or a non-lawyer agent may sign and file the Complaint of Forcible Detainer and represent the owner at the court hearing.
- At the time of filing, the Court Clerk will issue a receipt. The receipt will include the case number and the court date. Please refer to your case number when communicating with the court regarding your case. The Court will then issue a citation to the defendant(s) commanding him/her to appear before the Justice of the Peace on the assigned court date. A copy of the complaint will be attached to the citation and both the citation and the attached complaint will be served upon the defendant by the Constables Office. By law, the hearing date will be not less than six (6) days nor more than ten (10) days from the date the citation is served. The hearing date will be set for a Thursday at 11:00 a.m. Should the plaintiff/landlord fail to appear at the hearing, their case may be dismissed or there may be a judgment for the defendant.
- At the time of the hearing, the plaintiff/landlord should, at a minimum have in their possession the following items or information: a. The lease, b. A copy of the notice to vacate (including proof of service);c. Any additional evidence which may have a direct bearing on the case., d. Total amount of rent due within the jurisdictional limit of $10,000.00.
- After judgment is rendered, persons desiring a copy of the judgment should notify the bailiff before leaving the court room.
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