So what is an eviction and when should you get attorney involved? An eviction by definition is the act of putting (a tenant) out by legal process. Depending on whether or not you work for the landlord or the tenant, your role as an eviction paralegal will vary. However, in both cases, a paralegal should be sympathic to all parties involved. Of course, there are people out there that simply take advantage of situtations. That is definitely something you see quite frequently in the eviction world. Just bare in mine, the eviction process for many can be felt both emotionally and physically. It is extremely stressful and at times unbearable.

There are several steps to an Eviction. The first being the notice. Now, there are also several reasons as to why a person or even business may be evicted but we will keep this outline in the general context. , depending upon the reason for eviction. An eviction notice must first be served properly and the tenant must have failed to comply, pay, or vacate within the specified timeframe. This must happen before the landlord can begin the eviction court process. These notices are indicators that the landlord is going to initiate an eviction action, if you do not respond within the time limit. 

After the initial notice has expired, the landlord must serve the eviction lawsuit. The lawsuit is made up of two documents served together called the “Summons and Complaint.” They will have numbers running on the upper right side of the page and will likely say your name (defendant) vs. the landlord (plaintiff). If the landlord hired an attorney to draft the lawsuit, the attorney’s name and contact information will be somewhere on the page. This is important because you may need to serve a response to that attorney.

If you do not respond to the Summons and Complaint, chances are you will automatically lose the eviction. The deadline for your response varies from state to state but will generally be one week from the date you received the Summons and Complaint. Your answer or the first responsive pleading filed by the defendant in a civil action; a formal written statement that admits or denies the allegations in the complaint, will give you an opportunity to explain the circumstances surrounding the eviction and to present any defenses you have against the eviction lawsuit.