Legal Question in Landlord & Tenant Law in California
Illegal Eviction attempting presently
Atty first mailed proof in mailbox that on Dec 19, I cannot be located, and asking court to allow mailing proof. There is NO judge signature, only the stamp it was filed Dec 19.
Yesterday, taped to the door, is 2 copies of summons 130, thru UD 100 and three altered evidences of supposed 3 day notices, whited out dates, etc. I have the true copy last month.
Q~The summons is filed BEFORE the mailed proof, Dec 10..yet the only thing that came last week of Dec, in mailbox..was the page of asking to serve me in mail.
The summons says I have 5 days...from Dec 19, which could not be legal, uhhh, I only got this two days or just yesterday (been checkin the door).
AM I already evicted? With no fair knowledge, the proof was AFTER the other? The court accepted a filed eviction summons BEFORE any proof of service???AND the mailing was about two weeks after filed? The whole thing is illegal isn't it?
2 Answers from Attorneys
Re: Illegal Eviction attempting presently
Follow Mr. Cohen's advice!
Re: Illegal Eviction attempting presently
The court now files the summons when the lawsuit is filed, so that might make sense.
You have five days to answer from the date it was served -- not the date stamped on the summons. If served by mail, you probably have 10 days (5 days + 5 for mailing). You should speak with your attorney about that.
Also, it might be useful to go to the courthouse and review the file. See what's in there. I hate to say this, but sometimes people play around with documents.
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