Facing a possible eviction from one’s home can be a daunting experience. If you are a tenant, who has been served a summons and complaint for unlawful detainer (legal term for eviction), understanding how to respond is crucial. Here is a comprehensive guide on how to respond effectively:
1. **Review the Summons and Complaint**: Upon being served the summons and complaint, carefully read through the documents provided or seek someone who can translate the documents. The summons is a document that explains you are being named as a defendant in a lawsuit. The summons will give you a deadline in which you need to respond to the lawsuit and where and how to respond. Usually, you will need to respond in writing to the landlord’s attorney’s office. The complaint lists the cause of the unlawful detainer (why your landlord is trying to evict you), and what relief the landlord is seeking. If you do not respond to a lawsuit by the deadline stated in the summons, the court may grant your landlord a default judgment.
2. **Respond Promptly**: In Washington State, tenants typically have a limited time frame to respond to a summons and complaint for unlawful detainer, often around 20 days. Failing to respond within the specified period can result in a default judgment in favor of the landlord. Therefore, it's crucial to adhere to the deadline and submit your response in writing in a timely manner. It can be as simple as handwriting a letter stating, “I am the named defendant in the lawsuit cause number ______________, and I am responding to the summons and complaint to avoid a default judgment.” Then mail a copy of your letter to the landlord’s attorney’s office and file the original with the County Clerk’s Office. If you live in Yakima County, this will be the Yakima County Superior Court Clerk’s Office, located on the third floor of the Yakima County Courthouse: 128 N. 2nd Street Yakima, WA 98901.
3. **Seek Legal Advice**: Once you receive any notice or a summons and complaint from your landlord, call the Washington Eviction Defense Line immediately at 1-855-657-8387. You will receive free legal advice over the phone, and you will be screened for eligibility for a free attorney to represent you in your unlawful detainer case. If you have to appear at your unlawful detainer hearing without an attorney, tell the court you are requesting a continuance in order to get assigned an attorney to help you.
4. **Gather Evidence**: Compile evidence to support your defense. This may include the rental agreement, rent receipts, correspondence with the landlord such as letters or text messages, and documentation of any repairs or maintenance requests. Photographic evidence or witness statements can also strengthen your case. Bring all of your evidence to court. Provide this evidence to your attorney once one is assigned.
5. **Attend Your Hearing**: Usually tenants will be served an order for show cause along with the summons and complaint. The order for show cause is notice of your hearing date.
If you live in Yakima County, your unlawful detainer hearing will be held at the Yakima County Superior Court, which is on the third floor of the Yakima County Courthouse: 128 N. 2nd Street Yakima, WA. It is important to appear, on time, at your hearing and answer when the judge calls your case.
If you are having trouble paying rent or have received any notices for other causes for eviction from your landlord, the earlier you seek help the more an attorney can do for you. If you fail to respond to a summons and complaint or do not appear at your hearing, the court will grant your landlord a default judgment, which will include a writ of restitution. This is the eviction order the Sheriff’s Office will carry out. Once the writ of restitution has been granted and the Sheriff’s Office carries out the eviction, there is not much an attorney can do to get you back into your housing. Seek help as soon as possible!
