2016 STEPS and FORMS: Recovery of Possession in Jamaica Parish Court (Small Claims )

Anthea



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FORMS to download, fill in, file to get back your premises.

Save time at the Courthouse in Jamaica, when you are seeking to get back your premises from occupants whether he/she is a tenant, squatter, or otherwise!

There are official court forms at the parish courts (formerly resident magistrate courts) that you can ask for and fill in FOR FREE.
However, where application to recover your premises is concerned, the legal wiz team has prepared forms bearing the same information that can also be used for lower courts across Jamaica. All you have to do is download them, fill them in by following the steps and submit to the relevant parish court. (Below are steps to recover your premises)
When you submit the completed forms, you will be given a receipt which you must keep and return to the Court with to collect the court summons. The court summons operates like an invitation to invite the person to come to court for a hearing with you, the Plaintiff and the ruling Parish Court Judge.
Their failure to turn up in Court can be to their detriment, so once you start dont worry.

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HERE GOES: STEPS AND COURT FORMS FOR RECOVERING YOUR PROPERTY

REMEMBER though these forms are applicable to cases for at the Parish Court level. That is claims below one million Jamaican dollars.

STEP ONE:

Decide if these forms are really for you.
a. Is the value of the property below One Million Jamaican Dollars?
b. Can you outline the facts for yourself in a way that the Court can understand?
c. Will you be attending Court for yourself?
If yes to all of the above, please proceed. Bear in mind that each Parish Court which hears matters below One Million Dollars has its own standard form which is similar to the ones on this page. With these you will have to fill in the relating Court and location.

STEP TWO:

Whichever parish courthouse you attend, to get your premises be it commercial or residence, it would help if you can fill in the forms ahead of time. Here are three forms for getting back your premises that will prove helpful. YOU STILL MAY need an attorney-at-law to assist you legally with you matter, as the forms are the first step.

FORM 1: The PLAINT NOTE note tells the Court who the litigants are.

FORM 2: The Particulars of Claim. This Recovery of possession form: Recovery form 2 form describes what is happening eg how they came to be in the house, and why you want them out, and the order you need which in this case is RECOVERY OF POSSESSION of the premises.
FORM 3: The Notice To Tender in Evidence Hearsay Statements Made Into Documents tells the Court what documents you wish to rely on such as the notice you gave.

 

STEP THREE:

Download and print one set of PLAINT NOTE for recovery and three sets of the PARTICULARS OF CLAIM for RECOVERY Jamaica Recovery Form 2: NOTICE TO TENDER HEARSAY EVIDENCE for recovery cases ie. Particulars and Jamaica Recovery Form 3: Notice

STEP FOUR:

Fill in the forms and put photocopies of the documents of evidence with each set. More on filling in these forms can be seen on this website

STEP FIVE:

Purchase and bring along a ONE DOLLAR Jamaican stamp at the Post Office for filing/ submitting the claim.

 

STEP SIX:

Take along the stamp with the application package you’ve created

 

STEP SEVEN:

You will be given a receipt upon submitting the package and told when to collect the summons to serve on the person you are taking to Court to get an order against them.

 

THE Forms for Recovery of Possession of Premises in Jamaica


FORM: Plaint Note
Click to DOWNLOAD PLAINT NOTE: jamaica_recovery_form_1_01072016

FORM: Particulars
Particulars of ClaimClick to DOWNLOAD PARTICULARS

FORM: Notice to Tender evidence
Click to DOWNLOAD NOTICE TO TENDER EVIDENCE: jamaica_recovery_form_3_01072016

SEE MORE ON THIS WEBSITE ABOUT:
– FILLING IN THESE FORMS
– SUMMONS IN HAND, NOW WHAT
– HOW TO PREPARE YOURSELF FOR COURT, with or without an attorney-at-law

Congrats, you are on your way

Great.. Now that you are finished, you should prepare your case and if it proves too technical or complicated for you GET AN ATTORNEY. Court is no joke and there are several aspects of court which can be challenging for a nonattorney who is shy. For example, you may need assistance to present the evidence prepared, cross examining witnesses and of course the legal jargon of the Court is little understood by the average person.
If you dont think you can manage GET HELP!
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DISCLAIMER:
The above does not constitute legal advice. The responses are prepared and published by inhouse senior journalists after research and discussion with attorneys-at-law and other specialists, as necessary.
The Legal Wiz networks professionals from all fields to serve the interest of all Jamaicans and persons relating with Jamaicans.
Please remember that names are changed at times by request of the person seeking information.

FOR PHYSICAL HELP! Contact the Legal Wiz team.





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Anthea
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