- How soon can I get a court date?
That depends on when you request service. Courts follow a strict timeline when it comes to the summary process step. In Boston Courts, Mondays are the last day to serve your tenant to get the next available court date. So if your tenant were served on June 13, 2011 (Monday) then your court date would be June 30, 2011 (Thursday). The soonest court date is always a Thursday, typically 17 days from the last day you can make service (a Monday, unless it is a holiday).
- Can the landlord serve the Summary Process Summons & Complaint?
No. This must be served by a Constable or Sheriff.
- What happens if I miss the entry date?
If you miss the entry date then you will have to start the summary process step over following the same rules. Your tenant will be served again with the new dates.
- What happens if my tenant does not show up to court?
You could win by default. Typically the court would enter the judgment in your favor and you would be mailed the Execution for Possession in 10 days which gives you the right to have a Constable physically evict your tenant.
- I won my court case, what next?
Typically you will be awarded Execution for Possession. This now gives you the right to have a Constable physically evict your tenant. The Execution for Possession usually takes 10 days to receive from the court in the mail.
- Does the court charge me a filing fee when I bring my Summary Process Summons and Complaint in?
Yes. $135 at Housing Courts and $195 at District Courts. Most will only take cash or money order.