(Commercial and residential)

Count 1

NOTE: All business day waiting periods exclude date of service, weekends, and legal holidays observed by the Clerk.

1. Hand deliver or post a 3-day notice, and keep a copy.
2. Wait 3 business days.
3. File civil cover sheet, complaint, summons, lease (if any), and 3-day notice with the Court.
4. The defendant is served. Must wait 5 business days after service of summons.
5. If the tenant does not file an answer, skip to step 6. If the tenant files an answer, skip to Step 8. If the tenant retains an attorney, skip to step 10. If the tenant complies with all requirements, skip to step 11.
6. File motion for default, affidavit in proof of count 1, judgment for possession count 1, and final disposition with the Court.
7. The clerk enters default. Skip to step 14.
8. File motion for immediate default, affidavit in proof of claim count 1, judgment for possession count 1, and final disposition with Court.
9. Judge signs default. Skip to step 14 OR Judge does not sign default and requires a hearing; go to step 14.
10. You may need to seek legal advice. End of flow for tenant retains an attorney.
11. The landlord may dismiss the case and file a motion to release funds OR the landlord may skip to step 12.
12. Prepare and file a request for a hearing.
13. A hearing is held. The judge determines outcome. If the judge concurs, go to step 14. If not, the flow ends here.
14. Judge signs judgment count 1.
15. If the tenant is still in the premises, the Court will issue a writ of possession; the landlord will take the writ of possession to the Sheriff; Sheriff removes the tenant from the premises.

Count 2

NOTE: All business day waiting periods exclude date of service, weekends, and legal holidays observed by the Clerk.

1. Tenant is served with count 2 money owed.
2. Must wait 20 business days after service.
3. If answer is received from tenant, go to step 4. If no answer is received from tenant, go to step 6. 
4. File request for hearing, and affidavit in proof count 2 with Court.
5. A hearing is held. Skip to step 11.
6. If an answer is made by personal service, file a motion for default, affidavit in proof of count 2, and default judgment count 2 with the Court.
7. Post 20 days summons. Must wait 20 business days.
8. If no answer from tenant, skip to step 9. If answer received from tenant, skip to step 11.
9. File motion for default, affidavit in proof of count 2, and default judgment count 2 with Court.
10. File request for hearing with Court.
11. Court determines outcome and signs final judgment count 2.