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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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What form should i used to answer wrongful eviction lawsuit filed by tenant who i evicted

Customer Question

what form should i used to answer wrongful eviction lawsuit filed by tenant who i evicted them out because they didn't pay rent
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 2 years ago.
Dear Customer, thank you for using our service. I would like to assist you today. Responses may have a short delay for review and research.
What state is the lawsuit filed in?
And to help me best answer your question - is this a counter-claim to your unlawful detainer action, or is this a separate civil litigation claim filed after the eviction occurred?
Customer: replied 2 years ago.
My bad tenant filed a wrongful eviction on me last year on June 25 ,2014 and they just served the paper (sum-100)on June 1,2015 I'm wonder what is the form should I used to respond
It wasn't counter-claim he filed the law suit after i gave him a first 30 days Notice because he didn't pay me a rented, after i gave him a first noticed on 6/11/2014.He filed the law suit on me on 6/25/2014, after I gave him 30 days noticed i still gave him a chanced I didn't filed the eviction law suit on him yet, but he already filed wrongful eviction on me but he didn't serve the paper to me until first of June,2015 I wait until August 14,2014 I filed eviction lawsuit on him because he didn't pay me from May,June,July and we went to court and I won the judgement in the amount of 4,015.08 but he hasn't paid me yet. Now he served me Wrongful eviction lawsuit paper on June 1,2015.Question, Is the case never be expired? and if it's still active what form number should I use for respond. Thank you,very much
Customer: replied 2 years ago.
State of California in Perris city in Riverside county
Expert:  CalAttorney2 replied 2 years ago.
First, check with the Riverside County online Register of Actions: http://www.riverside.courts.ca.gov/onlineservices.shtml to see if your case is still active, it is possible/likely that this case was dismissed for failure to prosecute (courts vary, but in most of the counties that I practice in, a court wouldn't allow a civil case to sit around for a year without service of process).
Then, if the case is in small claims court, use this website for help in filing a response: http://www.courts.ca.gov/1010.htm
If the case is in unlimited or limited civil courts, you will want to file a "general denial" plus your "affirmative defenses" (see this link for help drafting your answer): http://www.saclaw.org/pages/responding-lawsuit.aspx
If the defendant filed a default judgment against you (filed a fraudulent proof of service - sometimes called "sewer service"), you will need to file a "motion to vacate default" and then file an answer, see: http://www.saclaw.org/Uploads/files/Step-by-Step/SbS-Motion-to-Set-Aside.pdf
Customer: replied 2 years ago.
I checked and the case still active and it said the trial Setting Conference is scheduled for 06/26/15 at 8:30 in department 11 located in Riverside Civil Division at*****, CA 92501 and knew it has been setting since they filed the Lawsuit and do i have to appear in court on that date and I look all the form from the Website that you give it to me so confuses so many can you tell me what the form # ***** the case # ***** ***** and why court set the court date before i answer or respond Thank you,very much
Expert:  CalAttorney2 replied 2 years ago.
Hire am attorney if you can, but file am answer in any case.
Your former tenant is trying to pull a fast one.
Male site you, or Better yet, your attorney, appear at the hearing.
Customer: replied 2 years ago.
This lawsuit it's has no complaint against me because they filed wrongful eviction on me after I served them 3 days notice and they still lived in my house and I evicted them for non-payment of rent and they still owe me money for rented and the city where I rented my house it has no rent control law.So I would like to file counter-claim against them for the court fee and rented money
What form should I use to file counter- claim and what should I say in the form.i will give you a Excellent rate,Thank you
Expert:  CalAttorney2 replied 2 years ago.
Gotcha, this is much easier to deal with.If all you were responding to was a "Summons and Complaint," you would simply want to file 2 documents.First you will want to file an "Answer" to the complaint. This will usually be a simple "General denial, and affirmative defenses" Second you will want to file a "Cross-Complaint." This will be your affirmative claims against the plaintiff for the money they owe you (you will be citing breach of contract and negligence causes of action). (For forms, you would use the "complaint" forms, but title it a "cross-complaint").HOWEVERWhat I am concerned about is you say that there is a trial setting for June 26, 2015 (a date that has already passed).If you have not yet made any appearance in the civil case, it is likely that the plaintiff has filed for an entry of default, if they have indeed done this, you will need to make a "motion to vacate default" prior to filing your answer and cross-complaint (both would require "leave of court" (permission from the judge). Here is a packet to assist you with this motion if it is necessary: http://saclaw.org/wp-content/uploads/sbs-relief-from-default-judgment.pdf
Customer: replied 2 years ago.
I had answered the complaint and I had made an appearance on June 26th and I paid $395 for filed the answer General denial and Affirmative defense you can check case # ***** and the hearing is set on 8/05/15 can you please show me what form should I use for counter sue and if I file a cross complaint. Do I have to pay court fee $395 ? Thank you,
Expert:  CalAttorney2 replied 2 years ago.
Dear Customer, I do not review specific case files for customers on this forum (I do not want to provide the impression that I am offering actual representation or exceeding the scope of the forum).However, to file a cross complaint for breach of contract, you can use this judicial council form: http://www.courts.ca.gov/documents/pldc001.pdfAs you have already filed your answer, you will need to make a motion to the court for "leave to file your cross-complaint" - at this stage in the litigation, the court is likely to grant the motion as there is little risk of "prejudice" (unfairness) to the plaintiff by allowing you to file the cross-complaint at this time. See: http://legaldocspro.net/blog/requesting-leave-of-court-to-file-a-compulsory-cross-complaint-in-california/ (This site offers a sample motion that you can purchase - I cannot vouch for the veracity of the document, but again, this is not a highly complex motion - your best resource is going to be the local law library - but for convenience, I am including a link here: http://www.smartrules.com/guides/alameda-mtn-cross-complaint/).
Customer: replied 2 years ago.
Mr.William B. Esq I has tried to ask you many times for you to show me the counter-sue form but you never give me the right answer you always show me cross-complaint you know that it's too late because I already filed Answer to the complaint and I don't want to many head age, would you please show me the counter-sue form so I will rate you excellent, Thank you
Expert:  CalAttorney2 replied 2 years ago.
"to file a cross complaint for breach of contract, you can use this judicial council form:http://www.courts.ca.gov/documents/pldc001.pdf"