Legal Question in Landlord & Tenant Law in California

I'm filing a small claims case on a tenant that has outstanding rent above and beyond their Security Deposit. They have moved out and not sure were they moved to. How many days do they need to be served with the action before the actual court date.

Thank you - Susan


Asked on 6/02/11, 10:39 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

When you file a small claims court action, the court immediately sets a trial date and time. Generally, the defendant (tenant) must have been served 15 days before the trial date (if they live in the same county; 20 days if they do not). If they are not served, the trial date can be continued, but you need to find a valid address for them. You can contact a firm that performs "skip-traces" to track them down. These days, with the internet it is really easy to find people.

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Answered on 6/02/11, 3:20 pm


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