Legal Question in Real Estate Law in California
my house fore closed, and now the bank sent the sherif they are giving me 5 days to move arent they suppose to put me to eviction process I didnt ge t a notice Im in te process of buying another house so the notice of vacate is not going o give me enought time I only need a couple of weeks
3 Answers from Attorneys
You should have received a 3 day notice to quit, first. It is not clear from your post whether the sheriff was delivering the actual unlawful detainer lawsuit, or an actual writ of possession for a case you did not defend.
You can spend a ton of money going to court with motions and writs to try to fight this, or you can contact the plaintiff/lender and try to negotiate a 'deal' with them for time, or you can move out on time to avoid the Sheriffs physically moving all your belongings onto the sidewalk.
If the sheriff has a "writ of possession," all of the pre-eviction steps and processes have been taken and the sheriff is properly armed and equipped to carry out the eviction by physically removing you and your possessions. You should probably verify that the writ is signed by a judge, has the correct address on it, etc.
Also, since sheriffs are sometimes used as process servers (in addition to their duties of carrying out evictions), you should distinguish between carrying out a writ of possession (the final step in an eviction) and merely acting as the plaintiff's delivery boy to serve you with a summons and complaint.
As Mr. Nelson suggests, if it is a properly-drawn writ of possession, cutting a quick deal with the plaintiff or buyer is your last resort.