(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 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. Defendant is served. Must wait 5 business days after service of summons.
5. If no answer is filed by tenant, skip to step 6. If an answer is filed by the tenant, skip to Step 8. If tenant retains an attorney, skip to step 10. If 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. 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 attorney.
11. Landlord may dismiss case and file motion to release funds OR landlord may skip to step 12.
12. Prepare and file request for hearing.
13. Hearing is held. Judge determines outcome. If judge concurs, go to step 14. If not, flow ends here.
14. Judge signs judgment count 1.
15. If tenant is still in the premises, Court will issue writ of possession; landlord will take writ of possession to Sheriff; Sheriff removes tenant from 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. Hearing is held. Skip to step 11.
6. If answer is made by personal service, file motion for default, affidavit in proof of count 2, and default judgment count 2 with 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.