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The first thing to do is to complete the Answer and Counterclaim (optional) forms to file for eviction.

Note: Please look at the eviction criteria to see what is required for filing an Answer and Counterclaim.

Once all forms are completed, the following steps need to occur - BEFORE THE COURT DATE!

  1. Make copies of the Answer and Counterclaim. You will need multiple copies of each set of documents: 1 - clerk of the court, 1 - each tenant, 1 - each landlord, 1 - process server, 1 - you
    1. Copies need to be one sided.
    2. If the residence has 3 tenants, you will need to provide 3 copies for their records.
  2. File the original documents at the counter of the Justice Courthouse noted on your summons.  Bring the additional copies, so that the clerk can stamp them as being "conformed."  When you file, you will also have to pay the current fees.
    1. Make sure you get all but one set back to serve and your records
  3. Serve the court papers.
    1. Papers need to be served in person, by mail, or using a licensed process server.
  4. Attend the court hearing.
    1. Be on time
    2. Dress neatly
    3. Be prepared to tell the judge why you should not be evicted
      1. Know what was violated in the lease agreement
      2. Have an itemized list of expenses
      3. Be prepared to defend your Answer and Counterclaim
  5. Judgment is most often given at the hearing.  Once a judgment is entered
    1. If the court does NOT rule in your favor, you have 5 days to file an Appeal, unless it is an immediate eviction action.  In these instances, you have just 24 hours.
    2. If the court rules in your favor, retaliation by your landlord is not allowed and can bring further legal procedures.

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