HOW DO YOU RESPOND?

Before doing anything else, decide whether you intend to seek legal advice or representation on your case.  If you intend to seek legal counsel, it is best to consult with an attorney before you respond to the Rule, unless you are at the end of your ten day period and do not have time to wait.

The law says you must "appear and show cause" why you should not be evicted within the ten days.  Many magistrate courts allow you to simply call the court and ask for a hearing.  Others require you to show up in person to answer the Rule.  You can contact your magistrate court to find out which that court requires.

If you retain an attorney to represent you in the eviction action, your attorney should respond to the Rule for you, or at least tell you when to call and request a hearing.  Before you respond, take some time to think about your situation, plan for what to do if you lose the eviction case, and consider what legal defenses you might have to assert.  If you have legal defenses, you should write these down and take these to court with you.  This will help you remember what you need to prove at the eviction hearing.

 Some courts may require you to provide a written response to the Rule, something called an "answer."  An answer will inform the magistrate court about why you think you should not be evicted.  There is one potential draw back to submitting a written answer, and that is, if you later get an attorney to represent you, and the attorney wants to change your answer, the court may not allow the change.  On the other hand, the Magistrate Court Rule 14 states that the court should be "lenient" in allowing you to change your answer.

Whether you call and request a hearing, or you submit your answer in writing, be sure to do it no later than the tenth day after you are served!