Summary Process (step two)

A Summary Process Summons and Complaint is used by the court to schedule a hearing date.  In most cases the landlord must have served the tenant a proper notice to quit that has expired prior to filing for summary process.

Each court uses their own specific forms stamped with that courthouses seal.  There is a fee of $5 for each blank form. Our office can direct you on how to filled out this form.

·       Landlord’s name(s),

·       Address,

·       Landlord’s contact information

·       Tenant’s name(s),

·       Address,

·       Break down of months owed and how much per month

·       Total amount owed

·       You should also add “any and all other occupants” to the list of tenants.

On every Summary Process Summons and Complaint dates play a critical role in properly completing service.  For a landlord some key dates you must pay attention to are the last day service can be completed, entry date, answer date, and trial date. All of these dates will be listed on a schedule form provided by the court when acquiring the blank form.

The last day service can be completed is always the Monday before the entry date.  So when requesting service, keep in mind that Monday’s will be the last date to get the next available court date.  Any day after will put the court date back one week from the previous intended court date.

The entry date is the date by which you the landlord must file the original summary process summons and complaint along with your proof of notice terminating the tenancy (14 day, 30 day, etc.) with the court.  This date is typically any Monday at least seven days, but no more than 30 days, after the date your tenant was served the summons.  This entry date is the last day that you may file, but you may go to the courthouse to file sooner if you are in possession of the original summary process summons and complaint with the completed return of service on the back.

The court will charge a filing fee which is typically $135 for housing courts and $195 for district courts.

The answer date is the date by which tenant(s) must return deliver to the court, as well as, the landlord, his/her answer, (sides of the story).  This deadline is typically the Monday before the court date.

The court date is the date your case will be heard.  The court date will usually be the second Wednesday or Thursday depending on the court, after the Monday entry date.  On this day both parties will appear in court and state their side of the case.

We will help the landlord fill in the necessary information and then serve a copy of the original.  After service is completed we will complete the Return of Service that is on the back of the original Summary Process Summons and Complaint.  We then mail this original back to you for you to file at the respective courthouse.

There are a number of outcomes that are possible at the trial, but if you win you will typically be awarded Execution for Possession and receive it 10 days from the judgment date (usually the trial date unless the judge takes it under advisement).  Once you receive the Execution for Possession from the court you can come to our office and we will begin the next step, serving the 48 hour notice for the physical eviction.