Legal Question in Landlord & Tenant Law in California

Need to know how much trouble I'm in. Landlord served me with an unlawful detainer on Friday, March 14. I filed an answer yesterday (a day late...I know, but gosh, it was so complicated and I was just a wreck). Anyway, I forgot all about serving the papers...haven't had anybody mail them yet, did not file proof of service with the answer! What's the worst that can happen? Can I have somebody mail the stuff tomorrow (Saturday) or even tonight, fill out the proof of service, and add it somehow on Monday, or can he get a default judgment against me now since I messed this up? It's too late to call the court to see if he's been down there today. Is my whole answer invalidated? The clerks did file it...I filed by fax.


Asked on 3/21/14, 4:25 pm

2 Answers from Attorneys
Jeannette Darrow Jeannette C.C. Darrow, Attorney at Law

If the court actually filed your Answer before the landlord filed a request for your default, you should still be fine. Just get your answer served ASAP and then file a copy of the proof of service with the court. The proof of service can be filed as a stand-alone document as long as the proper information is included, including case number, case name, the exact title of the documents served, etc. There are pre-made forms specifically for proofs of service.

If the landlord filed a request for entry of default and the clerk received that before your answer, then you have problems. However, you may be able to get a default set aside.

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Answered on 3/21/14, 4:31 pm
Anthony Roach Law Office of Anthony A. Roach

Some courts will reject an answer that did not have an attached proof of service. That will allow the landlord to take your default. Watch the court very closely.

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Answered on 3/22/14, 11:19 am


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