After service is complete, you must file all the
paperwork with the clerk’s office at least four days
before the return date on the Summons. When filing
these papers, you must pay the entry fee to the
clerk by credit card, cash or check payable to Clerk,
Superior Court.
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DEFAULT JUDGMENTS
The defendant has two days after the return date to
file an Appearance. If no Appearance is filed, you may
file a Default Judgment for Failure to Appear (JD-
HM-9) and a Military Affidavit. The military affidavit
must be signed in the presence of a notary, clerk, or
Commissioner of the Superior Court.
Before judgment may enter, the landlord must
complete and file the CARES Act Affidavit of
Compliance (JD-HM-41) form. This form is available
at the Housing Clerk’s Office, or on the Judicial
Branch website.
You must mail a copy of this completed Motion to the
defendant and file the original with the court. You
will be notified of the judge’s ruling by mail.
If the defendant files an Appearance but no response
to your Complaint, you may file a Motion for Default
Judgment for Failure to Plead (JD-HM-10).
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A copy of the Motion must be mailed to the defendant
or the defendant’s attorney, if there is one, and the
original must be filed with the court. You will be
notified of the judge’s ruling by mail.
When the defendant is represented by an attorney,
typically all court documents must be sent to the
attorney and not to the defendant.
TRIALS
The defendant may file an Answer and Special
Defense. In this case, you must file a Reply to the
Special Defense.