Facing eviction is a daunting and emotional experience, and understanding the legal processes involved is crucial for tenants. The Summary Process Summons and Complaint form, also known as Form 10 in the Commonwealth of Massachusetts, serves as the official commencement of eviction proceedings in court. It notifies the tenant of the landlord's intention to reclaim possession of the property due to alleged violations, such as unlawful occupancy or unpaid rent. The form details essential information, including the department and docket number, the time and place for the court appearance, and the specifics of the complaint against the tenant. Additionally, it provides instructions for tenants on how to respond, emphasizing the necessity of either appearing in court with a defense or submitting a written answer to the complaint to avoid a possible judgment for possession and owed rent in favor of the landlord. Importantly, the form also contains a section aimed at Spanish-speaking recipients, urging them to seek a translation to fully understand the legal notice. Moreover, it outlines the responsibilities of the serving officer and the stipulated timelines for service to ensure the legal process proceeds without undue delay. As such, the Summary Process Summons form is a critical document that sets the stage for eviction proceedings, compelling tenants to take immediate and informed action in response.
| Question | Answer |
|---|---|
| Form Name | Summary Process Summons Form |
| Form Length | 2 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 30 sec |
| Other names | summary process summons and complaint, summary process forms, massachusetts summons and complaint, summary process summons and complaint form |
Form 10
Commonwealth of Massachusetts
The Trial Court
Summary Process Summons and Complaint
_________________________ Department |
Docket No. ______________________ |
_________________________ Division |
Entry Date _______________________ |
_________________________ ,ss. |
|
THIS IS A COURT NOTICE OF A PROCEEDING TO EVICT YOU - PLEASE READ IT CAREFULLY
IMPORTANTE: ESTE DOCUMENTO ES UNA NOTICIA DE UNA CORTE, RESPECTO A
PROCEDIENTES PARA DESALOJARLE
TO: ___________________________________________________________________________________________
ADDRESS: ____________________________________CITY: _______________________ ZIP:_______________
You are hereby summoned to appear before the Judge of the Court at the time and place listed below:
DAY: ___________________________________ DATE: ________________ TIME:________________________
COURT LOCATION: ________________________________________ROOM: ___________________to answer
the complaint of:
LANDLORD/OWNER: _________________________________________________________________________
STREET: ______________________________________CITY: _______________________ ZIP: ______________
that you occupy the premises at __________________________________________________________________ ,
being within the judicial district of this court, unlawfully and against the right of said Landlord/Owner because _______________________________________________________________________________________
and further, that $_____________________ rent is owed according to the following account:
|
ACCOUNT ANNEXED |
________________________________________ |
________________________________________ |
First or Administrative Justice |
|
________________________________________ |
________________________________________ |
|
|
________________________________________ |
________________________________________ |
Signature of Plaintiff or Attorney |
Address of Plaintiff’s Attorney |
________________________________________ |
________________________________________ |
Date of Signature of Plaintiff or Attorney |
Telephone Number of Plaintiff or Attorney |
NOTICE TO OCCUPANTS: At the hearing on _____________________________, you (or your attorney) must
appear in person to present your defense. You (or your attorney) must also file a written answer to this com- plaint. (Answer form 2 is available in the clerk’s office.) You must file (deliver or mail) the answer with the court clerk and serve (deliver or mail) a copy on the landlord (or landlord’s attorney) at the address shown above. The answer must be received by the court clerk and received by the landlord (or the landlord’s attor- ney) no later than Monday _____________________________________ before the hearing date.
IF YOU DO NOT FILE AND SERVE AN ANSWER, OR IF YOU DO NOT DEFEND AT THE TIME OF THE HEARING, JUDGMENT MAY BE ENTERED AGAINST YOU FOR POSSESSION AND THE RENT AS REQUESTED IN THIS COMPLAINT.
NOTIFICATION PARA LAS PERSONAS DE HABLA HISPANA: SI USTED NO PUEDE LEER INGLES TENGA ESTE DOCUMENTO LEGAL TRADUCIDO CUANTO ANTES.
Summary Process Form 1 (amended 7/86)
Form 10 (continued)
To the Sheriffs of our several Counties, or their Deputies, or any Constable of any City or Town within said Commonwealth, GREETINGS: We command you to summon the within named tenant/occupant to appear
as herein ordered. |
|
WITNESS, |
|
_____________________________________ |
|
First or Administrative Justice |
|
_____________________________________ |
_____________________________________ |
Entry Date |
OFFICER’S RETURN
___________________________________, ss: City/Town ____________________ Date ____________________
By virtue of this Writ, I this day served the
_______________________________________________________________________________ or by leaving it at
_______________________________________________________________________________________________
the last an usual place of abode. A copy of this summons was mailed first class to the tenant/occupant at that address on _________________________________________________________________________________.
Fees: Service ________________
Copy _________________
Travel _________________
Use of Care ____________
L&U Mailing __________
$ _________________
_____________________________________
Signature of Officer
_____________________________________
Printed Name of Officer
Notice to Landlord/Owner:
Have the Officer complete and return above. Service must be made on the defendant no later than the seventh day and not earlier than the thirtieth day before the Monday entry day. This form must be filed in court no later than the close of business on the scheduled Monday entry day. In appropriate cases, proper evidence of notice to quit must be provided this court upon the filing of this complaint. See Rule 2(d). Accord- ing to Rule 2(c), the hearing date is the second Thursday (or Friday or Monday in some courts) after the entry day.