If your tenant still has not moved after the last day given in the Notice to Quit, you must return to the clerk’s office with the original Notice to Quit, the Process Servers Return of Service, and a completed Summons and Complaint.
You will need to make 1 (one) original and a copy for each of the tenants/defendants. In addition, you should keep 1 (one) copy of everything for your records. Be sure to indicate in numbers 1 (one) and 3 (three) of either Complaint whether it is an oral or written week-to-week, month-to-month or year’s lease.
You must personally return to the court with your completed Summons and Complaint for the clerk’s signature on the Summons. Also, bring the original Notice to Quit with the Process Servers Return of Service. The clerk will set the return date on the Summons. The return date is a date from which certain time periods are measured, such as when the defendant must file an Appearance or a Pleading (Response). The return date can be any day of the week except Sundays and holidays. It is not necessary for you to appear in court on the return date because there will be no hearing on that date. After the clerk sets the return date and signs the Summons, you should keep 1 (one) copy of all papers for yourself and give the original and sufficient copies for each defendant to the Process Server, who will serve a copy on each defendant and return the original to you.
Once the Process Server returns the original Summons and Complaint to you with the Return of Service noted, you must file them at the clerk’s office with the original
Notice to Quit, at least 4 (four) days before the return date on the Summons. When filing these papers, you must pay an entry fee to the clerk. As of the date of printing, this fee is $175.00. Payment must be made at the time of filing by cash or check payable to Clerk, Superior Court.
Always have the case name and return date available when inquiring about your case docket number, if it has previously been given to you.
For more information on serving eviction papers, contact Undisputed Legal our Eviction Service department at (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST. If you found this article helpful, please consider donating. Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us! We also invite you to check out our Frequently Asked Questions About Process Servers.