Dispossessory warrants are primarily designed for the removal of the tenant, not for the collection of the rent.
Demand for possession of the premises must be made to the tenant before you can swear out a dispossessory affidavit.
Dispossessory affidavits must be sworn to before a Deputy Clerk or a notary public.
The filing fee (deposit) consists of costs for filing the affidavit and service of the dispossessory on the tenant by the Deputy Marshal.
Please have the following paperwork when filing a dispossessory action.
For one tenant: One original and two copies of the dispossessory form and one letter-size plain envelope with sufficient postage affixed.
For two tenants: One original and four copies of the dispossessory form and two letter-size plain envelopes with sufficient postage affixed.
Once the tenant has been served, you will receive a postcard from the Marshal’s Department advising of the service date. The tenant has seven days from the date of service to file an answer. When an answer is filed, a hearing will be scheduled and you will receive a copy of the notice advising of the date, place, and time to appear for the hearing. If the tenant does not answer, you may come into the office and request a judgment and writ of possession on the eighth day after the tenant has been served.
Labor for the removal of the tenant’s property is the responsibility of the landlord. The Deputy Marshal cannot remove the property.
Affidavit and service on one tenant - $109.00
Affidavit and service on two tenants - $169.00
Each additional service - $60.00
Writ (must be paid at the time of filing) - $65.00
Please be aware that deposits are non-refundable. This office does not accept personal checks or credit cards.