Legal Question in Real Estate Law in California

Been evicted

I have been summon by court, from what time period do I have for the 30 day legal eviction? is it from the last 3 day notice (9-16) or from when I received the court summons(10-3), is it better to go to court?

Thank you


Asked on 10/08/02, 11:12 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Been evicted

The time line for eviction (being tossed out by the sheriff) at the end of an unlawful detainer proceeding depends on several factors, including, most importantly, whether you answer and defend.

Some general guidelines: you have five days to answer after you are served with the summons and complaint. This includes weekend days. If you answer properly, the court will set a trial date on an expedited basis. If you lose the trial and the landlord gets a judgment in his favor, the landlord must then get a writ of possession, and the sheriff or other levying officer must give you five days' notice to move.

If you need more information, get a self-help law book on tenants' rights or consult a local attorney.

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Answered on 10/08/02, 2:12 pm


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