If you don't Respond
If you don't respond within the number of days ordered by the court, the landlord will be entitled to an Order of Restitution by default against you. Unless you ask for and are granted more time, you must answer the landlord's complaint within three days. If you fail to answer within the three days, the landlord may approach the court for a default on the fourth day after the summons is served.
To calculate the three days, don't count the day you were served. Count the next three business days but not any holidays or weekends that the court is closed. For example: if you are served Friday, you would have until Wednesday to file your answer. If you are served Thursday and Monday is a holiday, you would also have until Wednesday because you don't count the holiday. You must be at the courthouse before it closes or you risk the landlord filing for an Order of Resitution before you get there the following morning.
What You Should Do Next
Because your landlord has filed a bond, you must do one of the following things within 3 days of being served.
1. Request a hearing before the judge. At this hearing the judge will decide whether you can stay in the premises or not, or if you must post a counterbond. There is a form in your OCAP papers to request a hearing. You must request the hearing within three business days of being served the possession bond notice. Don't count the day you were served. The next business day is day one. Don't count weekends and holidays that the court is closed. The hearing will usually be held within seven business days of your being served the possession bond notice.
2. Pay everything owed to your landlord, including all rents, utilities, fees and costs (including attorney's fees if the written contract allows for them). If you pay the money to your landlord or his attorney the case should be dropped. This option only applies if the eviction is based on non-payment. You must pay within three calendar days. This means you count weekends and holidays. As an example, if you are served Friday, you must pay by the end of the day on Monday even if Monday is a holiday.
3. Vacate the premises. You should move before the end of the 3rd business day, not counting weekends and holidays.
4. Post a counterbond. The bond can be cash or certified funds, a corporate bond, or a bond signed by two property owners who will act as guarantors for the bond. Posting a counterbond will slow the process. The judge will set the amount of the bond, which is supposed to represent the probable damages to your landlord if you lose. If you post a bond and lose, your bond may go to your landlord.
You must pay your bond within three business days of being served the possession bond notice. To do this you will go to the court and ask the judge to set a counterbond amount using the appropriate OCAP documents. If you do this on the third day, the judge will give you 24 hours to post your bond. If that is not long enough, you can request additional time. The judge can give you as much as 72 hours but you must request the additional time and the judge must grant it. Otherwise, you will only have the 24 hours.