This allows for the eviction to be avoided altogether. Communicating with the tenant allows for a smoother process, and it can avoid potential court battles or even the eviction itself.
It is in the interest of both parties to be as transparent as possible when settling eviction-related disputes. A landlord must file specific court-ordered forms in order to legally file an eviction in the State of Maryland.
Unfortunately, the required court forms are not available online. Below are samples of the necessary court forms that will need to be obtained in the District Court:. Once the case is filed by the landlord, the tenant will need to be served.
The District Court, sheriff, or constable will post the summons and complaint on the property, and the papers will be mailed to the tenant. The summons a written demand to appear in court will include a hearing date in which the tenant must appear before a judge in District Court. The trial typically occurs on the fifth day after the landlord files the complaint.
Hiring an attorney shows the judge you are taking the matter seriously and intend to appear for the court date. Try Writing a Letter or Filing a Motion Asking the Warrant to be Recalled: If you cannot afford an attorney, you can write a letter or file a motion asking that the warrant be recalled. This is far less likely to be granted since without an attorney, the judge may not be convinced that you will appear for trial. However, on occasion, the court will recall the warrant if you file a motion yourself and the charge is not serious.
Turn Yourself In: If the first two options fail, you can turn yourself in to the police. Before you do so, you should have a family member or friend prepared to post bond. The judge may set a bond or leave it up to the Commissioner.
When you turn yourself in, you will be arrested and then go before the Commissioner who will set bond or release you on your own recognizance. You pay it off. You hire an attorney to file a motion, to set up a new trial if you have a good reason. If there is a bench warrant out for you, typically a Sheriff will knock on your door to arrest you. A bench warrant may not result in jail if someone hires an attorney. If you turn yourself in, then it is always an option.
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