Frequently Asked Questions - Magistrate Court

  1. As a landlord, how do I file an eviction against my tenant?
  2. I am not a landlord, but I allowed someone to live in my house that now refuses to leave. How can I make them leave?
  3. Someone has property belonging to me and is refusing to return it. How do I go about getting my property back?
  4. Someone owes me money. How do I file a claim against them?
  5. I was tried in the Magistrate Court and feel that I was not given a fair trial. How do I appeal the case?
  6. How do I obtain a Restraining Order against someone?
  7. How do I file for a Public Sale for an unclaimed vehicle that has been left at my business?
  8. Where do I find information on abandoned vehicles?
  9. Where do I find information on abandoned mobile homes?
  10. Where do I find information on the Expungement Process?

Answers

  1. As a landlord, how do I file an eviction against my tenant?

    See the following link for more information on the Eviction Process.

  2. I am not a landlord, but I allowed someone to live in my house that now refuses to leave. How can I make them leave?

    If a person is occupying your property without consent or is refusing to leave you can file a Notice to Quit Premises. This is when there is no landlord-tenant agreement between the parties (example, a child or boyfriend/girlfriend). Once served with this order, the defendant has 5 days to vacate the property or request a show cause hearing. If they refuse to leave you may obtain a Writ of Possession to have the defendant removed from the property.

  3. Someone has property belonging to me and is refusing to return it. How do I go about getting my property back?

    See the following link for more information on the Claim and Delivery Procedure.

  4. Someone owes me money. How do I file a claim against them?

    See the following link for more information on the Small Claims Procedure.

  5. I was tried in the Magistrate Court and feel that I was not given a fair trial. How do I appeal the case?

    See the following link for more information on the Appeal Procedure.

  6. How do I obtain a Restraining Order against someone?

    See the following link for more information on the Restraining Order Procedure.

  7. How do I file for a Public Sale for an unclaimed vehicle that has been left at my business?

    See the following link for more information on Public Sales Instructions.

  8. Where do I find information for abandoned vehicles?

    See the following link for more information provided by the DMV on Abandoned Vehicle.

  9. Where do I find information on abandoned mobile homes?

    See the following link for more information provided by the DMV on Abandoned MH.

  10. Where do I find information on the Expungement Process?

    Please see the following link for more information on Expungements.