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My friend was served an unlawful detainer at my apt. I am…

Customer Question
Hello, my friend was...

Hello, my friend was served an unlawful detainer at my apt. I am out of town and will not be in town for another month to respond. What should i do?

Lawyer's Assistant: What state is the property located in? And has anyone consulted a local attorney about this?

California West Hollywood I've talked to three attorneys and they say that I have five days to respond. That doesn't pertain to me because I'm not in town

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

No, I'm assuming that since my friend has been staying there they are saying I abandoned or something. I have not received any documents. Just have photos of what was sent in the mail and what my friend was given.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I checked at the courthouse and there has been no default judgement

Submitted: 1 month ago.Category: Landlord-Tenant
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Answered in 5 minutes by:
12/30/2017
Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 8,373
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a CA licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 1 month ago
ok, thanks
Lawyer: Legal Eagle, Lawyer replied 1 month ago

Thanks very much for your patience. So, generally in California service is appropriate if the papers are left with someone who is over 18 and could give the docs to the tenant. Because you're aware of the lawsuit, then you'll have five calendar days to respond. My recommendation would be to respond as son as possible or else they'll enter a default judgment against you which means you lose automatically. You can start by clicking here to submit an answer. Either your friend or a process server can deliver the docs to the court and then have them served on the landlord.

What other questions did you have for me regarding this?

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Customer reply replied 1 month ago
This is all info I've told you. As I've said, I'm out of town for work until January 25th so I can't file.
Lawyer: Legal Eagle, Lawyer replied 1 month ago

To prevent a default judgment, my recommendation is to fill out the answer, and then go to www.thumbtack.com and find a process server who can file it on your behalf. You don't have to physically file the answer; someone can do it for you. If you're indifferent to what happens, then you don't have to worry about it. On the other hand, if you follow that suggestion, then you'll give yourself a fighting chance. Does that make sense?

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Customer reply replied 1 month ago
I can't sign the form because I won't be there and can't pay the fee.
Lawyer: Legal Eagle, Lawyer replied 1 month ago

If you go to www.hellosign.com, fax the document, or print/sign/scan the document, you can get it to someone. Plus, someone may be able to either float you the balance until you can get them paid, you can pay through paypal, or even do a direct bank transfer to make it complete. There's ways, but again, it's your call. Did you have other questions for me about this?

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Customer reply replied 1 month ago
my question still hasn't been answered. My question is what to do since I cannot file a response.
Lawyer: Legal Eagle, Lawyer replied 1 month ago

Sadly, the options are extremely limited if this is the case. You could contact the landlord and ask them if they would be willing to hold off on requesting a default. It's up to them to agree because they're not required to do that, unfortunately. Otherwise, if you can't file anything with the court, that is your only option. Did you have any other questions for me?

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Lawyer: Attorney2, Attorney replied 1 month ago
Attorney2
Attorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 7,920
Experience: 30 years of experience in Landlord Tenant Law.
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I a,m a different Attorney and the site asked me to check with you to see if you still need assistance with this question? Please let me know , as it would be my pleasure to assist you.

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