The court clerk has the primary responsibility to record, file, and maintain as permanent records the proceedings of the district court.
FORCIBLE ENTRY AND DETAINER (Eviction Process):
STEP 1 - A 30 Day Notice to Vacate must be served on the person(s) to be evicted. It can be served by the Sheriff or private process server. The local Sheriff’s Office has the forms available or they can be obtained online. The Court Clerk’s office DOES NOT have these forms.
STEP 2 - If the person(s) have not vacated the property on the 31st day after service, you may initiate your Small Claims case by coming to the Court Clerk’s office to file, as per instructions below. A court date will be set at that time. A legal description of the property will also be required at time of filing your case.
STEP 3 - IF the Judge awards Judgment in your favor, the judge will list a date certain when the person(s) is to vacate the property.
STEP 4 - IF the person(s) does not vacate by the date certain listed on your Judgment, you must file for a Notice and Writ of Execution to start the process of getting them forcibly removed from the property. That filing fee, including service by Sheriff, is $126.64.
STEP 5 - The Notice of Writ of Execution gives the person(s) another 48 hours to vacate.
STEP 6 - IF they still don't vacate the property after 48 hours per the Notice of Writ of Execution, the Judge will sign your Writ of Execution, it will be filed with the Clerk, you'll take a copy to the Sheriff and this gives them the authority to forcibly removed the person from your property.
Filing Fees:
(FED/eviction) less than $5,000 = $58 plus service.
(FED/eviction) greater than $5,000 = $154.14 plus service
Service = $50 thru Sheriff
Writ of Execution = $126.64