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Fees Structure and Process
Our fees associated with an "ordinary' residential eviction case are incurred at specific points in the process and the fees incurred at each of the tiers include attorney fees, and applicable filing and sheriff fees.
1. Pre-default. This is the first step in initiating your complaint. This fee includes the preparation of court required documents filing and servicefees. If your tenant vacates or you accept payment for any portion of past due rent after the documents have been prepared, you remain responsible for the entire fee.
2. Tenant Response to Summons: The tenant has five (5) days to reply to the complaint after personal service.
- Uncontested- If the tenant does not reply within the five (5) days, after personal service of the complaint, the case is "uncontested" and a "default" judgment for the landlord for 'possession only' is requested. This fee is incurred at the time of our submission of documents required by the court for a default judgment as well as payment of required filing and sheriff's fees. If you recover possession of the premises prior to the actual "lockout", upon your request , and payment of applicable fees, we will will request the entry of a money collection, and an Abstract of Judgment.
- Contested- If the tenant responds to the complaint, a trial is then requested and a trial date is set by the court. An attorney will appear at trial. Attendance at trial by a witness on behalf of the landlord is also required.
In order to commence with your request, the following documents must be faxed and mailed to our office:
- Original 3 Day/30 Day/60 Day Notice
- Original Proof of Service/Declaration of Service
- Original Rental Agreements (if available)
- Copy of Change in Terms (if any)
- Copy of Resident Application (if available)
- Copy of driver's license (if available)
- Copy of social security card (if available)
By clicking on 'submit' I understand that the paperwork prepared by Menke Law Firm, APC will be based on the information transmitted herewith and that I am responsible for all associated fees.
If you do not understand, please contact us before proceeding.