If the tenant does not comply with the notice, the next step is to file a lawsuit and ask the court to order the tenant out. You will need to complete a Complaint and a Summons. The complaint is the document that explains to the court why you think the tenant should be evicted. A summons is the document that orders the tenant to answer the court. You may also complete a Plaintiff's or Owner's Possession Bond. You will be asked about that later.
Unlike eviction notices, you cannot serve these documents yourself. You may wish to hire a constable or sheriff to serve the papers for you. The complaint and summons (and possession bond if used) may be served by a sheriff or constable, or anyone over 18 years of age who is not a party to the lawsuit.
The summons and complaint (and possession bond papers if you choose to use them) can be served in the following ways:
1) They can be mailed by first class mail, certified return receipt requested. The Defendant must sign the return receipt. If the Defendant does not sign, the Defendant has not been served. You must attach the receipt to a "Proof of Service" document and file it with the court.
2) They may be delivered by a commercial courier such as Federal Express or United Parcel Service. The Defendant must sign to receive the documents. If the Defendant does not sign, the Defendant has not been served. You must attach the paper with Defendant's signature to a "Proof of Service" document and file it with the court.
3) They can be handed personally to the tenant (defendant) by a Constable or Sheriff or someone not a party to the law suit who is over 18 years of age. They can also be given to someone who lives at the residence and is of suitable age and discretion (usually at least 14 years old). The person serving the documents must complete a "Return of Service" document which you must file with the court.
The complete requirements on service of a summons and complaint in Utah are in Rule 4 of the Utah Rules of Civil Procedure .
Click here for more information on how to locate someone you want to serve
Click here for more information on service of process in general
When court papers are served, the tenant's copy must be endorsed with the date and the name of the server. Each defendant must be served separately.
More information about constables or sheriff deputies who can help you with this portion of the process can be found in the yellow pages or at the court.
If the tenant doesn't respond within the number of days ordered by the court, you will be entitled to a judgment by default against the tenant. If the court ordered a three days summons, you may approach the court for a default on the fourth day after the summons is served.
Remember that if the summons is for less than eleven days, the weekends and holidays don't count as days. For example, if the court papers were served on Thursday, Friday would be the first day, Monday the second, and Tuesday the third. On a three-day summons, you could approach the court on Wednesday for a default. Also, if the last day falls on a weekend or holiday, the next working day for the court would be the last day. The day after that you could approach the court for a default if no response has been filed.