SB 1051 Modifies provisions regarding court dates, issuance of summons, and writs of possession or restitution in certain landlord and tenant actions
Sponsor: Bartle
LR Number: 3350S.01I Fiscal Note: 3350-01
Committee: Judiciary and Civil & Criminal Jurisprudence
Last Action: 2/21/2006 - Second Read and Referred S Judiciary and Civil & Criminal Jurisprudence Committee Journal Page: S278
Title: Calendar Position:
Effective Date: August 28, 2006

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Current Bill Summary


SB 1051 - This act provides that, in forcible entry or detainer actions, or actions involving rent and possession, the court date shall be set for a date no more than ten business days after the issuance of the summons, whereas current law provides for twenty-one business days. This act provides that the summons in such actions shall be served two days before the court date, whereas current law provides for four days.

The act also provides that if the summons cannot be served, the plaintiff may request the judge to make an order directing that notices informing the defendant of the proceedings be set up for five business days on the premises in question and in one public place where the defendant was deemed to dwell, and that a copy of the summons will be delivered to the defendant’s last known mailing address. Current law requires the posting of notice and mailing of summons at least ten days prior to the court date.

The act also provides that a party may request a writ of possession or writ of restitution at any time prior to the entry of judgment, but the writ cannot be executed until after the judgment becomes final.

This act is identical to SB 538 (2005).

ALEXA PEARSON