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I was served a Summons for unlawful detainer-eviction late…

Hi! I was served...

Hi! I was served a Summons for unlawful detainer-eviction late Saturday I need some legal advice and/or representation as I've never been in this situation before

Lawyer's Assistant: Where is the property located?

Customer:***** San Francisco

Lawyer's Assistant: Has any paperwork been filed?

On my end?

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

I need to do something fast as I believe I have 5 days to respond and it's coming up on that tomorrow

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Answered in 1 minute by:
12/13/2017
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,047
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

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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What is the basis for the eviction?

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Have you paid your rent?

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If not, did the landlord give you a 3 day notice to pay or vacate before filing the UD case?

.

What is your legal question I can help with?

.

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thanks

Barrister

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Customer reply replied 8 months ago
I am behind on my rent. I need to pay November and December rent. Yes they gave me a 3 days notice for November. I called the leasing office and made arrangements to pay it in person in cash in installments but then that night, they served me with the summons. What do I need to do as next steps so I don't have an eviction on my record and how do I file a response to the summons?

Ok, to be very honest with you, if you didn't pay during that 3 day notice, then they don't have to accept any rent from you and can just continue on with the eviction. So the only way to get them to dismiss the UD case is to try and convince them to accept the rent. But if you can't pay it in full, including the court filing fees, it is unlikely that they will accept anything less than that.

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You need to file an Answer to the UD case using this form: http://www.courts.ca.gov/documents/ud105.pdf

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That will ensure they don't get a default, and you can ask the judge to refer the case to mediation to see if there is any way they would agree to settle with you and dismiss the case..

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thanks

Barrister

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Customer reply replied 8 months ago
Where do i mail the form to and do I need to include anything else with the form like a letter? If so, what do I include in the letter to the judge?

You have to take it to the same court where the summons came from and file it with the clerks there. You have to sign it in front of them and swear or affirm that everything in it is true to the best of your knowledge.

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Then you have to actually go to court on the court date.. You don't file any letters or anything else with the Answer. You tell your story to the judge in court..

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Customer reply replied 8 months ago
Do I have to make an appointment at the court or can I show up at the clerks office?

No you just walk in and file it with the clerks... just ask for the unlawful detainer clerks..

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Customer reply replied 8 months ago
Great! Thank you. Any other advice or things I should know before heading to the court house tomorrow?

No, just make sure you have the Answer filled out completely, don't sign it until you are in front of the clerks.. And if you want to go into a further explanation about the situation, use this form: www.courts.ca.gov/documents/mc025.pdf

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And make sure your handwriting is legible.. it irritates judges if they can't read a response..

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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All the best to you and yours.

Barrister

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Customer reply replied 8 months ago
One other question, if I request for it to be mediated and the judge dismisses the UD, then the court date will also be dismissed? What do I need to include in the form so that dismissal will be considered?

One other question, if I request for it to be mediated and the judge dismisses the UD, then the court date will also be dismissed? What do I need to include in the form so that dismissal will be considered?

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You are there for the court date... that is what you are showing up for court for... So no, nothing gets heard or decided until the actual court date for the UD hearing. It is then that the judge may refer it to mediation and if it gets settled, dismiss the case.

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And you would just ask in your Answer that the case be referred to mediation..

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Customer reply replied 8 months ago
Ok got it. So I need to file the papers tomorrow at the court with a clerk AND show up to the court date. But there is no court date in the Summons. How do I try make a deal with the leasing company out of court?
Customer reply replied 8 months ago
During the mediation, would I need a lawyer present?

So I need to file the papers tomorrow at the court with a clerk AND show up to the court date. But there is no court date in the Summons.

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Correct. Once you file the Answer, the landlord will get notice you filed and then they will go in and file for a court date. The clerks wait to see if you file an answer or not before giving a court date.. Then you are notified of the court date in the mail.

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How do I try make a deal with the leasing company out of court?

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You call them up and say "Hey, would you guys be willing to settle this with me and dismiss the case?"

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No, you don't have to have an attorney present as that would just be several hundred dollars out of pocket you could add to any money to try to get them to settle.

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Customer reply replied 8 months ago
Ok wow you have been so very helpful! Thank you again!!!

You are very welcome. I hope everything works out for you..

.

.

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,047
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
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