So I filed for dispossessory against two tenants living in my rental property, naming them each as defendants independantly on the dispossessory fileing. They are not married. I read the response today from defendant #2 and a trial has been set. On the response form it has a note that says "EACH DEFENDANT MUST FILE THEIR OWN ANSWER. Attorneys may file answers for more than one defendant, pro se litigants cannot". On the website for the county magistrate's FAQ, there is a note saying: Can I answer, appear in Court and/or consent to a Judgment on behalf of my spouse?
If a husband and wife are both served with a dispossessory action, both the husband and the wife need to sign and file an answer. They can file a consolidated answer, providing that both sign the answer. Failure to sign and file an answer can result in a default judgment against the spouse failing to file and/or sign. A spouse may not enter an appearance on behalf of their spouse in Court. Failure to appear and proceed in court can result in a default judgment against the party not appearing in Court. A spouse can not consent to a Judgment being entered against their spouse.
My intent is to get them out any legal way I can. Since the second defendant #1 has not filed a response, can I contact the court and get a writ signed by the judge for defendant #1 who did not respond by the 8th day?
Thanks for any light you can shed on the subject.
If a husband and wife are both served with a dispossessory action, both the husband and the wife need to sign and file an answer. They can file a consolidated answer, providing that both sign the answer. Failure to sign and file an answer can result in a default judgment against the spouse failing to file and/or sign. A spouse may not enter an appearance on behalf of their spouse in Court. Failure to appear and proceed in court can result in a default judgment against the party not appearing in Court. A spouse can not consent to a Judgment being entered against their spouse.
My intent is to get them out any legal way I can. Since the second defendant #1 has not filed a response, can I contact the court and get a writ signed by the judge for defendant #1 who did not respond by the 8th day?
Thanks for any light you can shed on the subject.