UNCONTESTED EVICTION TIMELINE

Almost every property manager has or will eventually have to deal with filing an eviction. While those who file often are fully aware of the procedure, the new or “lucky” property manager often does not know the timeline in the process. A process it is indeed, and there are many steps along the way. The initial filing of the eviction is only the first step in a process in which the paperwork passes through many hands, and eventually ends on the day when the Sheriff meets you at the door and gives you possession of the premises. This article will set out the timeline for an UNCONTESTED eviction and give you an idea on why a typical eviction takes between 20 to 45 days from beginning to end.

1. The Three Day Notice, Seven Day Notice to Terminate, Agreement to Vacate or Non-Renewal Notice has expired.

 

2. The Lease and Notice is transmitted to the attorney, usually by fax or email.

 

3. The attorney and legal assistants review the documents for problems, and the legal assistants input the case into the law firm’s computer system.

 

4. The “Complaint” and “Summons” is generated by the law firm.

 

5. The “Eviction Package” consisting of the “Complaint”, “Summons”, attachments, stamped enveloped and checks for the Clerk of Court and the Process Server (or Sheriff in some counties) is given to the Clerk of Court.

 

6. The Clerk of Court files the eviction by entering the information into the court computer system and in many counties, scans the documents into their system.

 

7. The Clerk of Court mails a copy of the “Complaint”, “Summons” and attachments to the resident in the envelope your attorney has provided to them.

 

8. The “Summons”, “Complaint” and attachment are picked up by the Process Server or Sheriff’s Deputy.

 

9. The Process Server or Sheriff’s Deputy goes to the rental unit and attempts to serve the resident.

 

10. If the resident is not home, the Process Server or Sheriff’s Deputy must make a return trip no less than 6 hours later, and if the resident is still not home, tapes the Complaint, Summons and attachments to the door. The resident is now SERVED.

 

11. The Process Server or Sheriff’s Deputy then enters the information into their computer system and generates a “Return of Service”, which tells the Clerk how and when the documents were “Served”. The Process Server faxes the Return of Service to your attorney.

 

12. The Process Server or Sheriff’s Department clerk then files the “Return of Service” with the Clerk of Court.

 

13. The Clerk of Court enters this information into the computer system and files the “Return of Service” in the file.

 

14. The resident now has five full business days, not including Saturdays, Sundays or legal holidays, to “Answer” the Complaint by writing a letter to the Court giving the reasons why he/she should not be evicted.

 

15. If the resident does not file an “Answer” to the Court, the case is UNCONTESTED.

 

16. On the 6th business day after the resident has been served, the attorney should or will file a “Motion for Default” with the Clerk of Court.

 

17. If the Clerk of Court is satisfied that the resident has not filed an “Answer”, the Clerk of Court will enter a “Clerk’s Default”, file this and enter it into the computer system. NOTE: The Clerk of Court must go through all the mail it has received by the Default date, or it will not enter the “Clerk’s Default”. This means that if the Clerk of Court is behind in opening mail, a delay can occur.

 

18. Once the “Clerk’s Default” is entered, the file is brought to the Judge by the Clerk along with the unsigned “Final Judgment” the attorney has prepared and stamped envelopes for mailing to the resident.

 

19. The file is now with the Judge.

 

20. The Judge reviews the file and if everything is in order, signs the “Final Judgment”. If the Judge is busy, backed up, on vacation, in a Judge’s conference or stuck in trial, a delay can occur in signing the “Final Judgment”.

 

21. The Judge signs the “Final Judgment”, and his/her Judicial Assistant mails out the “Final Judgment” to the attorney and the resident.

 

22. Your attorney’s legal assistants track the file and often know that the “Final Judgment” has been signed before the mail arrives.

 

23. Your attorney will notify you that a “Final Judgment” has been signed and ask you if you want a “Writ of Possession”.

 

24. You check the unit, are absolutely sure the resident has abandoned, nothing is in the unit, no one has been in the unit for a full 15 days, and you may notify the attorney’s office that you do not need a “Writ of Possession”. NOTE: We recommend you do request a “Writ of Possession” and finish up the eviction. It costs nothing for attorney’s fees; it is a $90.00 fee from the Sheriff’s Department, (more in a few counties) but money well spent. THE EVICTION APPEARS OVER, BUT YOU HAVE NOT ACTUALLY COMPLETED IT IF YOU DO NOT REQUEST A “WRIT OF POSSESSION” AND MEET THE SHERIFF AT THE DOOR.

 

25. You tell the attorney that you want a “Writ of Possession”.

 

26. Your attorney submits a “Writ of Possession” to the Clerk, who “issues” it.

 

27. A check for $90.00 (more in a few counties) is attached to the “Writ of Possession” form, which is given to the Sheriff’s Department with the issued writ.

 

28. The Sheriff’s Department processes the “Writ of Possession” into their system and assigns it to a Sheriff’s Deputy.

 

29. The Sheriff’s Deputy goes to the unit and either tapes the “Writ of Possession” to the door or hands it to the resident.

 

30. The “Writ of Possession” gives the resident between 24 and 48 hours to vacate the premises, sometimes a longer period due to weekends and holidays.

 

31. The Sheriff’s deputy calls you and tells you that he/she has posted the Writ of Possession and asks you if the resident has vacated. YOU SAY: “I don’t know and I want to meet you at the property when you execute the Writ of Possession”. You do not say, “I will check the unit,” or “Yes, the resident has vacated.”

 

32. You meet the Sheriff’s Deputy at the unit and change the locks; the Sheriff’s Deputy removes the resident, and you take all the resident’s belongings to the property line.

 

1. If the unit is full, the resident is not present, and you feel the resident may have not known about the eviction, CALL YOUR ATTORNEY.

 

2. The unit has some belongings, trash, etc.; you remove it all to the property line.

 

3. If you did not bring help with you to remove the property, you can remove it at a later time.

 

4. You NEVER make an agreement with the resident that you will extend the Writ of Possession or allow the resident to “come back later” and retrieve the belongings unless you are sure what you are doing and have read the article on this.

FINALLY, ALWAYS CALL YOUR LAWYER IF SOMETHING IS ODD, YOU EXPERIENCE PROBLEMS WHEN EXECUTING THE WRIT OF POSSESSION, OR IF IT APPEARS THAT THE RESIDENT IS NOWHERE TO BE FOUND, BUT THE UNIT IS FULL OF BELONGINGS AS IF THE RESIDENT DID NOT KNOW ABOUT THE EVICTION.