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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I received an eviction notice and went down to the court

Customer Question

I received an eviction notice and went down to the court house and showed proof of my copies of cancelled checks showing that I am paid up for a year. When I got home from work tonight there was a eviction notice taped to my front door from the Sheriff stating that I needed to be out in 2 days or they will remove me and I would be trespassing. Is this legal? Can they force me to move in 2 days even after I showed proof of my rent being paid until October 15th. of this year?
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 12 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 12 months ago.

Dear Customer,

I am sorry to learn of this situation.

I am also worried that when you went to the courthouse that you did not properly answer the complaint for eviction (I am not faulting you, but I am worried that you didn't file a proper answer, and that is how the landlord managed to get a judgment against you, and the sheriff is getting their eviction).

There are a couple of reasons this can happen (you didn't file an answer, you just tried to show the clerk information showing that you paid (they should have said this isn't sufficient, you need to file something - they cannot give you legal advice, but it is unfair to just let you walk away); you could have presented your information too late (this is more common); or you filed a response, but didn't show up for a hearing date).

But to deal with the immediate problem, you have an eviction that is going to be performed in 2 days, you can try filing a motion with the court to 'vacate' the judgment of possession by filing an "ex parte" motion with the court tomorrow. Your motion is going to look something like this one (yours is a different issue - this is a foreclosure, but the idea is similar: You may be able to find other templates online (there are many different services that publish forms for individuals to use - I cannot advocate for a specific one on our site).

But, unfortunately with 2 days left for the sheriff, I would caution you would be well advised to make arrangements to move out within the 2 days in the event the court denies your motion. This is a distinct possibility and you do not have a lot of time, so I would not want to create any type of false hope for you and leave you with a sheriff's eviction by wasting most of tomorrow hoping you might be able to set this aside.