Filing the forms: You may submit your documents for filing at the proper courthouse, or you may electronically file your documents. The clerk will file stamp the forms with a case number and the word “Filed”. After the forms are filed, the clerk will return “Filed” copies.
In general, you have to pay the filing fee when you file the complaint. How much you pay depends on what kind of case it is. For most counties the filing fees for limited civil-unlawful detainer actions if the amount requested is $25,000.00 or under is $240, plus court electronic processing fees. If the amount is over $25,000.00, is $385, plus court electronic processing fees.
If there is a possibility that there are people living at the property that you did not rent the property to or name in the complaint, you have 2 choices.
You can serve the defendant with just the Summons and Complaint. Even if you win, the people who are not named in the Complaint do not have to leave right away. The judgment you get in the case might not apply to the people who are not named. When the Sheriff posts the eviction notice, they can file a claim. This is called a Claim Of Right To Possession (Prejudgment Claim) aka Arietta. The eviction can be delayed.
You can serve the Summons, Complaint and a Prejudgment Claim of Right of Possession on one of the defendants on behalf of “unnamed occupants.” The occupants who are not named in the complaint can add themselves to the action as defendants. To do this, they have 10 days to file the Prejudgment Claim with the court. If they do not file a Prejudgment Claim, the judgment you get in court will apply to them. They cannot file a post-judgment claim of right to possession. This does, however, delay the time in which you can obtain a judgment to evict from 5 days to 10 days.
The fee to serve the document depends on who you have serve the documents.
You cannot serve your claim. Service must be performed by:
If you want to serve a Prejudgment Claim of Right of Possession you have to use a registered process server or the Sheriff.
The three most common ways to serve the defendant are:
This is when the process server gives a copy of the Summons and Complaint to each defendant in person. It is complete on the day it is delivered.
A defendant cannot avoid personal service by not taking the Summons and Complaint. The server just has to state they are a process server and tell the defendant they are being served. Then they can leave the papers as close to the defendant as possible.
In the event that Personal Service is unsuccessful, the process server may need to serve the defendant(s) by Substitute Service. In general, the process server has to:
You cannot use substitute service until process server tried several times to serve the defendant in person. The server must complete a Declaration stating the diligence (actions) taken first to attempt personal service.
Substitute service is complete 10 days after the process server mails the summons and complaint.
If the process server is unsuccessful in serving the summons and complaint, after making diligent efforts to do so, you may ask the court for permission to perform service by posting and mailing.
If the court gives you permission, the process server posts a copy of the summons and complaint at the property in a way that the tenants most likely to see and sends a copy by certified mail to the last place the defendant lived. This service is complete 10 days after you post and mail. This means you have to wait 15 days, rather than 5 days before you default the defendant if they do not respond.
A Proof of Service of Summons must be completed for every defendant as well as any person who was served on behalf of “unnamed occupants.” If you use a registered process server or the Sheriff, they will be familiar with the completion of this form and will mail it to you after service has been completed.
Figuring out how to properly serve the complaint may be complicated. You may lose your court case if the judge determines that your service is defective.
Go to the After Service of the Unlawful Detainer Action – Plaintiff page.