Saturday, October 25, 2014

Tenant Frequently Asked Questions

Why did I receive a notice in the mail?

A Notice of Filing Unlawful Detainer Complaint (C.C.P. ยง1161.2) is required to be mailed, by the court, to each tenant named on the Complaint. For more information seek legal advice.

What forms/items do I need to respond to the Summons and Complaint served on me?

The Answer (UD-105) and Proof of Service (MC-040) can now be filed online; however, you also have the option of filling the form out online and printing the forms to file in person, or file through the mail.

  • Form of payment
  • Self-addressed, stamped envelope (if mailing)

There are a number of resources available in the community which may be able to assist you. These agencies are listed in the Community Resources section of this site.

What if I cannot afford the court fees and cost?

Apply for a Waiver of Court Fees and Costs (FW-001). Submit an Order on Application for Waiver of Court Fees and Costs (FW-003). Bring proof of income along with the fee waiver - (for example: the last two pay-stubs, documentation from Employment Development Department (EDD) - see the Information Sheet on Waiver of Court Fees and Costs (FW-001). Please see the agencies available to assist you in the Community Resources section of this site.

When do I get a court date?

A scheduled court date will be mailed to you by the court after Request to Set Case for Trial (UD-150) has been filed.

How can I change the court date?

Unlawful Detainer cases must be set no later than 20 days after the date of the filing of the first Request to Set Case for Trial (UD-150). For additional assistance, please see the Community Resources section of this site.

I cannot be present for my court date, can I send someone else in my place?

You may hire an attorney to represent you.

How can I find out if someone filed an eviction against me?

Call the Unlawful Detainer unit at 916-875-7746. For additional assistance, please see the Community Resources section of this site.

If there is an eviction on my credit; how can I get it off?

The court cannot clear your credit. It is your responsibility to contact the reporting agencies for their requirements. If an Acknowledgment of Satisfaction of Judgment (EJ-100) or a Request for Dismissal (CIV-110) was filed by the landlord, you may obtain a copy for a fee by coming to the Unlawful Detainer Department. For additional assistance, please see the Community Resources section of this site.