Service
After the landlord has filed the
paperwork with the court, you will be served with the Summons and
Complaint. Usually this involves a process server or a deputy sheriff
personally handing you this paperwork. There are, however, other means
of service.
If you have questions regarding service contact a legal advisor.
Once you have been served, you
normally have only five (5) calendar days to file a response with
the court located at Carol Miller
Justice Center. This may be an Answer or other legal pleading. Forms are
available at no charge through the
Judicial Council's
Web site. You will need to pay the appropriate
filing fees. You may apply
for a waiver
of court fees and costs if you cannot afford to pay it. Failure to take timely action will
result in a default judgment being entered against you and the eviction
process will move forward.
If you do not file a response to the complaint
If you fail to respond to the
Complaint the landlord may Request to
Enter Default; obtain a Clerk's Judgment for Possession, and request a
Writ of Possession be issued for the premises. After the documents are
filed, the landlord must have the Writ of Possession served by the
Sacramento Sheriff's Department, Civil Division to complete the
eviction. The landlord cannot evict you without the sheriff.
If you file a response to the complaint
You should seek legal advice to
determine the appropriate response which you should file with the court.
Most often, tenants choose to file an Answer to the Complaint. When an
Answer has been filed, the landlord will file additional paperwork with
the court and a trial date will be set. The court will mail you a notice
about the trial date once it has been scheduled.
Preparing for trial
Gather all
of the information that relates to your case. This may include witness
or paperwork such as the following:
-
a copy of the lease or
rental agreement,
-
any letters you may have written
or received about the property,
-
any receipts you have,
-
any inspection reports such as
reports from the building inspectors or health department,
-
photographs,
-
police reports,
-
any other documents that you think
will help you convince the judge you should not be evicted
You will need to bring three copies of
each paper with you: one for the judge, one for the landlord and one for
yourself. Copies submitted to the judge will not be returned. Organize your
paperwork prior to arrive to court so that you can easily find what you need
when you are in the courtroom. You may want to make
notes for yourself so that you don't forget to tell the judge something that you
think is important.
Presenting your case in court
Unlawful Detainer cases at the
Carol Miller Justice Center will usually be heard in Dept. 88 which
is located on the 3rd floor of the facility. Try to arrive a few minutes before
your case is scheduled to be heard. Several cases will be set for the same time
period, so you may have to wait your turn.
The clerk will take roll to see who is
present before the judge comes into the courtroom. You will be given an
opportunity to meet with a mediator who may help you reach an agreement with the
tenant without having to wait for the judge.
The judge will usually tell you what the
court's decision is at the end of the trial. If you do not hear what is said or
do not understand something, you may want to ask, "Your Honor, could you explain
what you just said?"
Sometimes the judge will want to think
about your case or research the law before making a decision. In this case, the
judge may take the case under submission. When a decision has been made, the
court will send a written decision to all of the parties.
Post trial procedures
After court trial, the court clerk will
prepare a formal judgment and mail notices of entry of judgment to all parties.
The landlord will then request a Writ of Possession be issued.
The landlord will give copies of the
Writ of Possession to the Sacramento Sheriff's Department. A deputy will give
you notice that you have five (5) days to vacate the premises. Even though the
landlord has a court order, s/he cannot personally evict you.
If you do not move out within the
five (5) day period, the Sheriff will remove you from the property and change the
locks.
Under limited circumstances, you may be
able to get extra time to move by either speaking with the landlord or by
applying for a Stay Order from the court. You should seek legal
counsel if you feel you need additional time and the landlord is unwilling to
give it to you.
There are a number of resources
available in the community which may be able to assist you in finding new
housing. These agencies are listed in the "Community Resources"
section of this site.
For information on appealing a
decision in an Unlawful Detainer action, please click
here.
Assistance
The court does not provide interpreters
for Unlawful Detainer matters. If you need an interpreter to help you in court, you must
bring one with you. A family member or friend may serve as your interpreter.
The court provides accommodations
for persons with disabilities upon request. Follow the link for
more information.
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