Default & Dismissal

Default


If the tenant fails to answer the summons, the landlord may file a Motion for Default, obtain a Final Judgment for Possession, and request the issuance of a Writ of Possession. These forms are all provided by the Clerk and Comptroller.

The Clerk and Comptroller is authorized to enter a Default upon the expiration of five business days after personal service on the tenant or, if service is by posting, five business days after service is effective, the date of posting or mailing, whichever occurs later.

After entry of the Judgment and upon request, the Clerk and Comptroller will issue a Writ of Possession to the Sheriff commanding him to put the landlord in possession 24 hours after service on the tenant. The Writ must be served by the Sheriff. The fee for service by the Sheriff is $90.

Dismissal


You may decide at any time to dismiss the proceedings. If you do so, it will not affect your right to start new proceedings if your tenant again fails to pay the rent on time. If you do dismiss the proceedings, and a hearing has been scheduled, you must notify the Judge before the final hearing date, so that the Judge can use the time for other proceedings. Should you decide not to attend the proceeding, yet do not dismiss the case, you may be required to attend a future hearing for lack of prosecution.