Affidavit of Non-Military Service:
This document should be filled out before the court date and ready to submit when filing a default judgment. When the defendant is served the court documents but fails to appear that is considered a default judgment.
The purpose of this form is to rule out the defendants involvement in the military as a reason for their absence at a court proceeding. The Judge will not render a decision without the Affidavit of Non-Military Service document.
Forcible Entry and Detainer:
The Civil Case Information sheet will be filled out by the Plaintiff and is kept in the court files. This provides the courts with Plaintiff and Defendant’s names and addresses.
The same file will travel through the courts in the Post-Judgment proceedings to collect.
The Petition for Eviction based on Non-payment of Rent Petition or Plaintiff’s Petition for Eviction, Complaint for Forcible Detainer and the Citation for an Eviction documents must be served to the Defendant by the Constable.
If the Defendant fails to appear (FTA) to the court hearing, the Judge will need the “Proof of Service” of the Citation, Complaint and Petition. The court will notify the Defendant of the default judgment by sending a copy of the judgment by first class mail.
When the Defendant fails to move in 5 days of entry, the Plaintiff can request a Writ of Possession form. The Plaintiff will have to schedule removal with the Constable. I have used the bluff many times. I have told the evicted tenant that I have scheduled the Constable to give them a few days to move. If they don’t move in a couple of days then I schedule. Many times they have moved out on their own which saves me mucho havoc. I have actually drove by the rental and seen them running out of the rental with their belongings
If the Defendant appeals the judgment but fails to pay the rent in the court registry, the Plaintiff will file a Landlord’s Sworn Motion for Writ of Possession – Notice of Hearing form with the courts.
1. YOU ARE NOT A CHARITY
2. YOU ARE NOT A LOAN COMPANY
3. YOU ARE NOT A THERAPIST
4. YOU DIDN’T BUY RENTAL PROPERTY TO MAKE NEW FRIENDS
5. NEVER RENT TO FRIENDS AND FAMILY MEMBERS
6. SERVE YOUR NOTICES EVERY MONTH ON TIME
7. DON’T LISTEN TO THEIR EXCUSES