The summons must include contact information for the court. The defendant must appeal to the court to find out if a case was filed at least 14 days after it was served. If you receive a subpoena (Form SUM-130), it means that your landlord has started legal proceedings asking a judge to order you to move – to evict you. The summons comes with another document called the complaint and form, the mandatory claimant cover page and additional allegations (Form UD-101). A deportation procedure is also called a case of unlawful detention. In most civil cases, such as divorce, the person bringing the action completes the summons and serves it on the opposing party. A summons to appear in a criminal case must be issued by a judge. Even if you decide to talk to your landlord or move out immediately, it`s a good idea to file a response or other forms so that the matter isn`t decided without you having a say. If you think you have a legal reason why you shouldn`t be deported, or if you just want the court to hear your side of the story, you can respond by filing a response form with the court. The complaint lists what the plaintiff (your landlord) wants the judge to order you.
You will see the ownership of the premises listed or mentioned on the form (if on the advocacy paper). This means they want you to move. The complaint may also describe damages, costs or fees if they want you to pay money. Learn more about what forms mean and what you can do. It is very important that you submit a written response to the civil complaint or petition. If you do not respond within the time indicated in the summons, a default judgment may be rendered against you. This means that the other party gets what they asked for and you have no chance to tell your side of the story. Despite its name, a ten-day subpoena does not mean that the defendant has only ten days to file a response with the court.
A plaintiff uses this type of subpoena if they want to serve the plaintiff before filing a case in court. The plaintiff must file the application with the court within 10 days of service of the summons and application. If the action is not filed within this period, the action is considered dismissed and the defendant does not have to file a response. The reason they are expelling you and the type of communication you received should also be explained in the complaint. You will receive either a form entitled Complaint – Unlawful Detention (Form UD-100) or a specific legal format in which each line is numbered (called a briefing document). If you don`t file an answer or other forms by the deadline, your landlord can file documents asking the judge to order that you be evicted from your unit without your intervention. After that, your landlord will ask the sheriff to issue an eviction notice that gives you 5 days to move. A summons is a notice served on a person informing them that a complaint or petition has been filed against them. The summons requires the person to respond to the complaint or petition within a specified time frame or attend a court hearing on a specific day and time. A subpoena in a criminal case tells the defendant when to appear in court. If you do not appear in court, the judge may issue an arrest warrant for you. Apply for state rent assistance if your landlord tries to evict you for unpaid rent.
If you are eligible, the state can cover up to 100% of the unpaid rent until April 1, 2020. You may be able to get help from your court`s peer support centre, legal aid, a local law library or a housing agency. You may be able to make an agreement with your landlord. Even if you choose to negotiate, it`s still a good idea to file a response with the court to protect your rights. In most civil cases, an individual has 21 days to respond to the complaint or petition. If the person is served outside of Utah, they have 30 days to respond. The 21/30 day period does not apply in all cases. Deportation and minor cases, for example, have different time limits. Talk to your landlord and try to agree on where you can stay in your home.