Legal Question in Landlord & Tenant Law in California

i was served unlawful detainer. the filed copy was signed by a clerk on the 13th . the certified letter /envelope is post marked the 14th yet the actual unlawful detainer /complaint was shoved under my door on 15th . so, when do the 5 days in which i have to answer begin or end?


Asked on 11/16/13, 4:55 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

If you were served personally with the summons and complaint, you would have five (5) days from the time the papers were handed to you to file an answer or other responsive pleading. Service by mail of the summons and complaint is not authorized.

If you were served via substituted service, then your time to answer or otherwise plead would be 15 days after mailing. Service by posting and mailing would require a prior court order, and would only be complete on the 10th day after posting and mailing.

Without any further information, it sounds as though you may not have been properly served. You should measure the five (5) days from the date of mailing, unless you can go to court and find a proof of service that shows a different manner of service allowing you more time as pointed out above.

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Answered on 11/16/13, 3:37 pm


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