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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 36558
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I got a notice of restricted access in mail yesterday. What

Customer Question

I got a notice of restricted access in mail yesterday. What does it mean?
JA: What state are you in? It matters because laws vary by location.
Customer: California
JA: Has anything been filed or reported?
Customer: What do u mean? Our house was auctioneer off in may
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not sure
Submitted: 5 days ago.
Category: Legal
Expert:  Barrister replied 5 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

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This is a notice that basically tells you that an eviction lawsuit has been filed against you. You need to take immediate steps to respond to the unlawful detainer lawsuit because your Answer is due within 5 days after service of the Summons and Complaint.

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Code of Civil Procedure section 1161.2, subdivision (a), provides:

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"(a) The clerk may allow access to limited civil case
records filed under this chapter, including the court file, index,
and register of actions, only as follows:
(1) To a party to the action, including a party's attorney.
(2) To any person who provides the clerk with the names of at
least one plaintiff and one defendant and the address of the
premises, including the apartment or unit number, if any.
(3) To a resident of the premises who provides the clerk with the
name of one of the parties or the case number ***** shows proof of
residency.
(4) To any person by order of the court, which may be granted ex
parte, on a showing of good cause.
(5) Except as provided in paragraph (6), to any other person 60
days after the complaint has been filed, unless a defendant prevails
in the action within 60 days of the filing of the complaint, in which
case the clerk may not allow access to any court records in the
action, except as provided in paragraphs (1) to (4), inclusive.
(6) In the case of a complaint involving residential property
based on Section 1161a as indicated in the caption of the complaint,
as required in subdivision (c) of Section 1166, to any other person,
if 60 days have elapsed since the complaint was filed with the court,
and, as of that date, judgment against all defendants has been
entered for the plaintiff, after a trial. If judgment is not entered
under the conditions described in this paragraph, the clerk shall not
allow access to any court records in the action, except as provided
in paragraphs (1) to (4), inclusive."

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thanks

Barrister

Customer: replied 5 days ago.
What am I filing back?
Customer: replied 5 days ago.
Also how much longer do I have in my house? I told them we were looking for a rental and hoped to be out by end of july
Expert:  Barrister replied 5 days ago.

You have 5 days to file an Answer or they will get a default judgment. So you definitely want to file an Answer to delay the process a few weeks.

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If you file an Answer, the court will then schedule a hearing, normally within 20 days, then after a judgment is granted, you have 5 more days after that to move... So you are looking at right around a month if they are aggressive before they could force you to leave.

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This is the Answer form link: CA UD Answer Form

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thanks

Barrister

Customer: replied 5 days ago.
What happens if we don't leave after that month? I did ask to do keys for cash but haven't heard back
Expert:  Barrister replied 5 days ago.

If the new owner or bank gets the writ from the court after the eviction case, the sheriff will physically force you to leave the property and arrest you if you were to return.

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And "cash for keys" is something that is entirely up to the new owner to offer or not...

Customer: replied 5 days ago.
if the house isn't livable anymore?
Expert:  Barrister replied 5 days ago.

If the house is in such bad condition as to not be habitable, that doesn't really change anything legally.. they can still evict and force you to leave if you don't move out once the sheriff shows up and posts the writ that gives you 24 hours to leave or be forced out..

Customer: replied 5 days ago.
OK so we have approximately 30 days? Most rentals we looking at won't be ready til mid July. Can we put that in our response? How much are the filing fees?
Expert:  Barrister replied 5 days ago.

Honestly, the availability of other rentals doesn't factor into this legally. This is about possession of the property and the owner's right to recover it and have any occupants removed. If you don't have a new place to move to, that won't stop an eviction. However, you can ask the judge at the hearing to stay the enforcement of the order for a few weeks and they will typically do so if it won't cause any substantial harm to the owner, which is usually a bank.

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No filing fees.

Expert:  Barrister replied 3 days ago.

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister