If landlord file 5 day and 20 day summons together, will there be any problem in obtaining default judgment and possession (5 day summons) because of 20 day summons? (e.g. judge wait until 20 day period over to issue default?)
I know I have to file motion for default. I am only asking judge/court's standpoint. Thanks
Workers' Compensation Lawyer
The 20 day summons applies to damage claims. It should not effect the issuance of a final judgment of eviction if no rental is paid into the registry OR the lease was validly terminated.
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Family Law Attorney
Evictions are filed in two counts (although count II is optional). Count I is merely for possession and required a 5-day summons. Count II is for back-rent/damages and requires a 20 day summons.
Both are separate matters and require separate hearings if necessary.
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Landlord / Tenant Lawyer
There should be no problem.
Landlords file count one and count two actions all the time.
When you prepare your paperwork, make sure it says, "Motion for Final Judgment
on Count One", not just "Motion for Final Judgment" so it is very clear.
Do that for all pleadings so it is clear to the clerk and the judge.
4 lawyers agree