An eviction requires that a five day notice be given to the tenant/lessee, then a Rule to Vacate or Show Cause and finally an Application for Ejectment.
Eviction Documents Five Day Notice Document
Filing A Lawsuit
You will have to file the lawsuit in the county that the person lives or the county where the company does business.
You will need to explain to the magistrate, in detail, the reason for the lawsuit.
A filing fee is required.
Complaint Document Affidavit and Itemization of Accounts Document
In the magistrate's court, there are two types of pleadings - the complaint by the plaintiff and the answer by the defendant. You can hire an attorney or represent yourself. If you are being sued, you should file your answer with the magistrate's court within 30 days, unless it is $25 or less and then you must answer within 5 days. If you do not answer within 30 days, the plaintiff will win the lawsuit by default. If neither party appears at the trial, then the lawsuit will be dismissed.
A counterclaim is written and filed in magistrate's court by the defendant against the plaintiff. If you receive a counterclaim, you must respond to the magistrate's court within 30 days, unless it is $25 or less and then you must respond within 5 days. The magistrate's court will notify you of the date and time of the trial. If you cannot appear on your court date and have a valid reason, you must contact the magistrate's court to be rescheduled. If the defendant does not appear, the plaintiff will win the lawsuit. If neither party appears for the trial, then the lawsuit will be dismissed.
Jury Trial or Change of Venue
If you decide to have a trial by a jury, you must notify the magistrate's court, in writing, at least 5 days before the trial date. If you feel that you are unable to have a trial before a certain magistrate, you may ask for a change in venue.
Notice of Intention to Seek Change of Venue Document
Affidavit for Change of Venue Document
A subpoena is a written order from the magistrates court for a person to appear as a witness in a trial.
If you do not agree with the outcome of the trial, you must send a notice of appeal to the clerk of court, to the magistrate that heard the case, and to the opponent. This must be done within 30 days after the judgment in the case is made.