Once the occupant is served, they have 5 business days (excluding weekends and legal holidays) to file a written response with the court. If that window passes with no response, here's exactly what happens next.
If no response is filed, you may complete and file a Motion for Default with the Clerk of Court. This asks the court to rule in your favor because the other side failed to respond within the legal timeframe.
Before a court will sign a default judgment, you'll need to file a Non-Military Affidavit — a sworn statement confirming the occupant is not on active military duty, as required under the federal Servicemembers Civil Relief Act.
If everything is in order, a judge signs a Judgment for Possession, legally confirming your right to regain possession of the property.
The Clerk of Court then issues a Writ of Possession, which authorizes the Sheriff to remove the occupant if they still haven't left voluntarily. Note: this specific fee is not waived by an Indigency Affidavit, even if your earlier filing fees were.
An uncontested case (no response filed) generally moves faster than a contested one, but exact timelines vary by county and court schedule — there's no fixed universal number of days.
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