Representing Yourself
Tips For Representing Yourself
1. Read over the Frequently Asked Questions section of the Landlord/Tenant Notebook.
2. Have your Complaint for Summary Ejectment, the eviction notice , and your lease (if you have one) in front of you before you begin filling out any documents.
3. Decide if you want to file an Answer OR an Answer and Counterclaim . (See the SelfServe Center Legal Glossary for the difference between these two documents).
4. Read the instructions for the Answer or Answer and Counterclaim carefully, as they will take you step by step through the process of filling out either of these forms.
5. If you have any questions as to how to fill something out, leave it blank until you can ask someone what to write. It is better to ask and fill something out just before you file your documents than to fill something out incorrectly and have to redo everything.
6. You should file your Answer or Answer and Counterclaims with the Clerk of Court no later than the day BEFORE your trial. If you need more time to prepare/fill out the document(s) you should file a Motion for Continuance no later than the day BEFORE your court (hearing) date. This is because your hearing may begin at 9am and the Clerk of Court doesn’t open until 9am, and you don’t want to be filing the paperwork and then showing up to court late, as the judge may rule in favor of the other party if you are absent from court. You will have to serve the landlord with a copy of the motion by mail or hand-delivery. If you are served with the Complaint too late in the day to get to the Courthouse to file a Motion for Continuance you should request one at the beginning of your hearing the next day. (Make sure you have the Complaint for Summary Ejectment with you). This method should only be used as a last resort.
7. After filing the Answer or the Answer and Counterclaims, make sure you properly serve a copy of the document upon the plaintiff.
8. You can serve the landlord by hand-delivery or by regular first class mail.
9. If you do choose to serve the defendant by certified mail, consider the following:
- a. Who will be signing for the package?
- b. If the person signing for the package is not the plaintiff, what is the relationship of that person to the plaintiff?
- c. Does the wording of the Affidavit represent how service was actually performed?
11. Keep file-stamped copies of all your legal papers.
12. Know the date, time and room number of your court hearing and show up early. The worst thing you can do is show up to the courtroom late.
13. Have originals or copies of any documents relating to your case with you at your hearing. Some examples of these documents are the following: rent payment receipts, repair receipts, notes you gave the landlord, and copies of housing inspection complaints by the city, county or housing authority.