How the Eviction Process Works:
Evictions can be filed for any number of reasons: failure to pay rent, property damage, sale of property, etc. Landlords are required to serve tenants with an initial eviction notice. These notices should be served by a Deputy Sheriff, Constable, or Certified Mail. If served by Certified Mail, only the tenant may sign for the letter in order to be acceptable in court.
Kentucky Revised Statutes require that a tenant be given 30 days from date of service to vacate property. Should you choose DCSO as the service agent, our office staff can use an eviction notice template to complete the notice for you. After service, the signed notice will be held in our office for pick-up as it will be needed in the event of an Eviction Hearing. The cost for service is $50.
The second step in the eviction process is to file with the Daviess County Circuit Clerk for an Eviction Hearing. This step is completed in the Small Claims office on the second floor of the Judicial Center. The Notice of Hearing / Forcible Detainer also has to be served by a Deputy Sheriff or Constable. The fee for service is again $50.
The final action that may or may not need to be taken is to request a Writ of Possession from the judge. If the tenant does not vacate the property in the time allotted by the judge, a Writ of Possession must be obtained from the judge. At this time a DCSO supervisor can work with the landlord to schedule a time for the removal of the tenant's property.