Certificate of Mailing: The summons can be served by posting and mailing if the tenant cannot be served either personally or by substitute service. Posting means attaching to a conspicuous part of the premises. For serving by posting and mailing the landlord must request the clerk to mail the notice to the tenant by Certificate of Mailing.
Step Three – Hearing or Defualt
Hearing: The tenant has five days (exclusive of
Saturdays, Sundays and holidays) after service of the Summons to file an answer. If an answer is filed and money deposited the landlord must contact the Court to schedule a hearing.
Default: If the tenant fails to answer the Summons, the landlord may file a Motion for Default and proceed with obtaining a Final Judgment for Possession and a Writ of Possession.
The Clerk is authorized to enter a Default at the end of five days after service upon the tenant. Upon the default being entered by the Clerk the Judge will then review the file and enter the Final Judgment for Possession and direct the Clerk to issue the Writ of Possession.
The landlord must furnish the clerk with an original Final Judgment for Possession and a copy for the landlord and for each tenant. The landlord must also furnish the Clerk with pre-addressed stamped envelopes to the tenant(s) and him/herself for mailing the conformed copy of the Final Judgment. The Writ of Possession has to be presented to the Clerk for issuance.
Step Four: The Sheriff
After entry of the Judgment the Clerk will issue a Writ of Possession describing the premises and commanding the sherif to put the landlord in possession after 24 hours. The Writ must be served by the Sheriff.
This is general information and no substitute for legal advice. You should seek legal advice from a landlord-tenant attorney before taking any action that might affect your rights.