Legal Question in Landlord & Tenant Law in California

Eviction/ Broken lease

I received an Unlawful detainer/eviction notice (SUM 130), that demands a response within 5 days. I was never officially served the summons, but received it a few days later through my daughter. I have not been able to talk to an attorney yet, but have an appointment to speak with one. Am I obligated to respond in their time frame considering that no one actually served me ? My daughter who is not mentioned in the suit, casually dropped it off with my mail about 3 days later, leaving me only 2 days to respond. Should I file a non formal response, explaining the situation? What would be appropriate in this situation?


Asked on 3/31/08, 7:14 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Eviction/ Broken lease

You have 5 calendar days to answer.

You can do it yourself, or have an attorney help, but do not delay, or you risk a default judgment, which will be expensive and very difficult to overturn.

If they served your daughter, and she is 18 or over, it is a valid service on you.

If you need more help from me, please do not hesitate to e-mail, or call my office.

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Answered on 3/31/08, 8:33 pm


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