Justice Court handles disputes between Landlords and Tenants. These are generally called "eviction cases" or "FEDs" An "FED" means "forcible entry and detainer", and is the legal name for the lawsuit a landlord files against tenants for failure to pay rent, or for some other reason, and where the landlord wants the remedy of eviction.
The rented property has to be in the county where the court is located. Otherwise, the court can't hear the case.
To file an "FED", the landlord needs to come to court and file a complaint for FED, and the court clerk has forms for this. The landlord has to bring a copy of the written notice of eviction the landlord gave to the tenant earlier. This copy is attached to the complaint. At the time the complaint is filed, the clerk will give the landlord a court date, and the landlord has to come back to court on that date, or the landlord will lose.
Filing fee information is available from the court in which you are filing the case.
It is up to the landlord to have the tenant served with a copy of the complaint and eviction notice. Usually, the sheriff serves these papers, and the sheriff's fee is $28.
If the tenant does not show up for the first court hearing, the landlord wins automatically, and the court will enter a judgment of possession. The landlord may then want the court to issue a Notice of Restitution, and then, later, a writ of execution.
If the tenant shows up at court, the parties can either reach a settlement agreement, the tenant can agree with the landlord's complaint, or the tenant can file an answer. The answer can deny the complain and can also raise any legal defenses to the eviction. If an Answer is filed, both parties have to pay a court fee of $34. A trial would be held within the next two weeks.
Both sides can bring witnesses and exhibits (papers, photos, etc) to trial. The court can award attorneys fees if a party is represented by a lawyer and that party prevails at trial.
This area of the law is complex and this summary is not intended to give answers to specific legal questions and problems. The court cannot give legal advice.
Home Page
This page updated February 13, 2009
Justice Court handles disputes between Landlords and Tenants. These are generally called "eviction cases" or "FEDs" An "FED" means "forcible entry and detainer", and is the legal name for the lawsuit a landlord files against tenants for failure to pay rent, or for some other reason, and where the landlord wants the remedy of eviction.
The rented property has to be in the county where the court is located. Otherwise, the court can't hear the case.
To file an "FED", the landlord needs to come to court and file a complaint for FED, and the court clerk has forms for this. The landlord has to bring a copy of the written notice of eviction the landlord gave to the tenant earlier. This copy is attached to the complaint. At the time the complaint is filed, the clerk will give the landlord a court date, and the landlord has to come back to court on that date, or the landlord will lose.
Filing fee information is available from the court in which you are filing the case.
It is up to the landlord to have the tenant served with a copy of the complaint and eviction notice. Usually, the sheriff serves these papers, and the sheriff's fee is $28.
If the tenant does not show up for the first court hearing, the landlord wins automatically, and the court will enter a judgment of possession. The landlord may then want the court to issue a Notice of Restitution, and then, later, a writ of execution.
If the tenant shows up at court, the parties can either reach a settlement agreement, the tenant can agree with the landlord's complaint, or the tenant can file an answer. The answer can deny the complain and can also raise any legal defenses to the eviction. If an Answer is filed, both parties have to pay a court fee of $34. A trial would be held within the next two weeks.
Both sides can bring witnesses and exhibits (papers, photos, etc) to trial. The court can award attorneys fees if a party is represented by a lawyer and that party prevails at trial.
This area of the law is complex and this summary is not intended to give answers to specific legal questions and problems. The court cannot give legal advice.
Home Page
This page updated February 13, 2009