Summons for Unlawful Detainer (Civil Claim for Eviction) (Form # DC-421) – Virginia Court
The Summons for Unlawful Detainer (Civil Claim for Eviction) Form # DC-421 is a legal document used in the Commonwealth of Virginia to initiate the eviction process. This form is filed by a landlord (plaintiff) against a tenant (defendant) who is allegedly unlawfully detaining or withholding possession of the property. The form ensures all parties are informed of the legal proceedings, their rights, and the steps required to resolve the eviction claim. It is essential for both landlords and tenants to understand and comply with the details outlined in the form to ensure a fair legal process.
Filling out the Summons for Unlawful Detainer (Form # DC-421) accurately is crucial for initiating the eviction process correctly. Follow these steps to complete the form:
Front of the Form
Case Number
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- Leave this blank; the court will assign a case number.
Plaintiff(s) Information
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- Name(s): Enter the full names of the plaintiff(s) (landlord or property owner).
- Address: Provide the mailing address of the plaintiff(s).
- Telephone Number: Enter a contact number for the plaintiff(s).
Defendant(s) Information
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- Name(s): Enter the full names of the defendant(s) (tenant).
- Address: Provide the mailing address of the defendant(s).
- Telephone Number: Enter a contact number for the defendant(s).
Court Information
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- City or County: Specify the city or county where the court is located.
- Street Address of Court: Enter the full address of the court where the case will be heard.
Return Date and Time
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- Enter the date and time when the defendant(s) must appear in court.
Claim and Affidavit
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- Address/Description of Detained Property: Provide the address of the property in question.
- Reason for Eviction: Check the appropriate box (e.g., unpaid rent) and provide specific details such as the rent period, the amount due, late fees, and any additional damages.
- Plaintiff’s Statement: The plaintiff or their attorney/agent must sign and date this section, affirming the truthfulness of the information provided.
Attorney Information
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- If either party has legal representation, enter the attorney’s name, address, and telephone number in the respective sections for Plaintiff’s Attorney and Defendant’s Attorney.
Hearing Date and Time
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- Provide the scheduled date and time for the hearing.
Judge’s Initials
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- Leave this section blank; it will be completed by the judge.
Payment Details
- If applicable, fill out details regarding the rent owed, additional rents coming due, and any amounts to be held in escrow by the court.
Reverse of the Form
Defendant’s Rights
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- Ensure you read and understand the rights and instructions provided for the defendant. This section includes information on objecting to the venue, paying rent to prevent eviction, and notifying the landlord if another person should receive a copy of the summons.
Service Information
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- Personal Service: If the summons is served personally, check the appropriate box.
- Alternative Service Methods: If personal service is not possible, indicate the method used (e.g., delivering to a family member, posting on the front door).
- Service Officer Information: The officer serving the summons will complete and sign this section, detailing the method of service used.
Additional Instructions
- Filing the Form: Once completed, file the form with the appropriate court. Ensure all required fields are filled out accurately to avoid delays.
- Serving the Summons: Arrange for the summons to be served to the defendant(s) according to the methods outlined on the form. Proper service is essential for the legal process to proceed.
- Keep Copies: Make copies of the completed form for your records before filing and serving.
By following these steps and providing accurate information, you will ensure the Summons for Unlawful Detainer (Form # DC-421) is properly filled out, facilitating a smoother eviction process.
Disclaimer: This guide is provided for informational purposes only and is not intended as legal advice. You should consult the Residential Tenancies Act or a legal professional.