SummonsUnlawful DetainerEviction | California Courts | Self Help Guide If we do not successfully expunge your criminal case, then you don't pay us. Electronic filing of unlawful detainer case documents. x=ks6][{&$9]l.4zlVxN"*|4Fw47oG_}Yh/M,U',R%,? Local Kern County, California, expungement law firm is experienced in criminal record expungement, and ensures the lowest expungement prices in Kern County. The bond cannot combine both a Legal Document Assistant and an Unlawful Detainer Assistant. The renter uses the property to do something illegal, such as sell drugs. Landlords and tenants can have disagreements. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> If you are a defendant in an unlawful Detainer case, you may refer to the Evictions:Tenant page for more information. Take a default if the tenant fails to respond or go to trial if the tenant does respond, Post-judgment proceedings, such as appeal or removal of the tenant by the sheriff. We require the bond to explicitly state the effective and expiration dates. You can email the site owner to let them know you were blocked. Tenants and their lawyers sometimes ask for extensive discovery, such as the production of documents related to the case or answer to interrogatories (questions). +yZOOZ.r:Z:|,X?eHDDI^>~"*i54O?>=::Dj1d5 If you would feel more comfortable being represented by an attorney or you just dont want to go to court, we can introduce you to an experience eviction lawyer to represent you on a limited scope basis for a flat fee of around $500 per court appearance. 2 0 obj The bond cannot combine both a Legal Document Assistant and an Unlawful Detainer Assistant. Eviction cases are called "Unlawful Detainer" cases. The Legal Document Assistant registration for an individual must be completed and submitted to the Kern County Clerk's office: Kern County Administrative Building 1115 Truxtun Avenue, 1st Floor Bakersfield, CA 93301 . Do you have multiple cases? We have seen every type of expungement case, and we specialize in this unique area of California law. The Legal Document Assistant registration for an individual must be completed and submitted to the Kern County Clerks office: The applicant must appear in person and must meet the following requirements: You may apply for registration as a Legal Document Assistant between 8:30 am - 3:00 pm Monday through Friday. %PDF-1.5 Free self help assistance is provided by the Court for both landlords and tenants. 4 0 obj If the landlord files this document and does not request a jury trial, you have 5 days from the mailing date of the Request for Setting to file a Counter Request for Setting requesting a jury trial. We do pay the cost of electronic filing. The party requesting a jury trial is responsible for the initial jury fees, which must be posted with the court 5 days before the trial date. , Imperial County, Inyo County, Kern County, Kings County, Lake County, Lassen County, Alameda County, Alpine County, Amador County, Butte County, Calaveras . Get form SUM-130 Effective: January 1, 2022 View SUM-130 SummonsUnlawful DetainerEviction form Go to How-to instructions for Eviction Go to Eviction Form Packets Removal Jurisdiction Get form UD-100 Effective: September 1, 2020 View UD-100 ComplaintUnlawful Detainer form Go to How-to instructions for Eviction Go to Eviction Form Packets 348, Bakersfield, CA 93301. It mainly talks about who has the right to live at the property. Please enable JavaScript before you proceed. Call us now to get them out. Registration #: County of Registration: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. We are document service providers, not attorneys. Disagreement has to be about the tenant moving out While Landlord-Tenant Assistance Center cannot fill out your paperwork for you, they can provide you with a free, premade packet of the necessary forms you need to respond to a lawsuit for Unlawful Detainer (eviction). The cost of service of documents is heavily dependent location of the property and the difficulty serving the tenant, so costs vary greatly depending on the location of the property and the availability of process servers. If necessary, the registration period will be shortened to coincide with the date the bond expires. The bond must cover the two-year registration period. When you purchase a Fresh Start Law Center expungement service your case will be handled by a knowledgeable and experienced expungement attorney from start to finish. Unlawful Detainer/Evictions | Superior Court of California | County of Kern County Superior Court - Rapid Legal Support Abuse, Harassment & Restraining Orders Help. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. Tenants sometimes file motions, demurrers, or other pleadings that delay the eviction process, even if the pleadings are without merit. It is against the law. We can also provide the forms for you. Monday - Thursday:8am-4pmFriday:8am-3:30pm, 1415 Truxtun Ave, Rm. You dont have to suffer with a bad tenant. These are some of the recent problems we have experienced. In order to legally evict a tenant (remove and lock the tenant out of the property), the landlord must file an unlawful detainer lawsuit. The Sheriff can enforce this judgment. An unlawful detainer lawsuit is a suit brought by a landlord to obtain possession of the rented property and receive payment of back rent. Statements of Economic Interests (Form 700) for Designated Local Officers, Certificate of Authority for Admitted Sureties, Corporation or Partnership UDA Checklist & Application, Valid government issued photo identification. ComplaintUnlawful Detainer SummonsUnlawful DetainerEviction File these forms with the Court Clerk. Only the Sheriff can evict someone. Professional process service of the initial notices. Website https://www.kerncounty.com Phone Number (661) 868-3140 Kern County Recent Unlawful Detainer Case Records ARB PINE BROOK, LLC VS ARMSTRONG Get form UD-105 espaolGet form UD-105 in Spanish (Spanish) Effective: April 14, 2022 View UD-105 AnswerUnlawful Detainer form Go to How-to instructions for Eviction Go to If a tenant fails to appear for a scheduled trial, the court will proceed by default and may render a judgment for the landlord. David Huffman and his team are top notch. An unlawful detainer is only for possession of the property, but not for recovery of monetary damages. Professional Process Service of initial court filing to all tenants, including prejudgment claim of right to possession. PDF Instructions to Sheriff of The County of Kern The person served must be given reasonable notice of the date and time of the trial. It is a legal way to evict someone from the place where they live or work. Fees for limited civil unlawful detainer cases and cases filed by assignees in courts with local courthouse construction surcharges 13 These amounts incorporate the additional $15 fee under CCP 1161.2 charged to plaintiffs in limited civil unlawful detainer cases. Fresh Start Law Center focuses exclusively on California record clearing laws, and is one of the few California law firms to do so. Unlawful Detainer Assistant registration is required in each county where the services are performed. The Covid rules are confusing and contradictory, and the courts appear to heavily favor the tenants. ~ PDF Superior Court of California Statewide Civil Fee Schedule1 This application requires JavaScript, which is currently disabled in your browser. : Kern County has the distinction of being the 13th largest county in California, and is located in California's Central Valley. Some courts allow a property manager to evict a tenant, but others require an attorney to appear if the property is owned by a corporation. I would highly recommend Fresh Start. 1 0 obj The landlord cancels the rental agreement by giving proper notice. If the landlord fails to appear for a scheduled trial, the court may dismiss the case without any further action. The Attorney-In-Fact must be registered with the Kern County Clerk or a currently dated copy of the power-of-attorney must be attached to the bond authorizing the Attorney-In-Fact to issue the bond, The Attorney-In-Fact signature must be acknowledged before a notary public, Supporting educational documentation as required, Filing fee of $182 (cash, credit card, money order, or check) payable to the Kern County Clerk. Talk to a lawyer to make sure all your rights are protected and that everyone does what they are supposed to do. A valid photo identification issued by the government (established by a birth certificate, a drivers license or passport). Office Address 5251 Office Park Dr, Bldg 300, Bakersfield, CA 93309 Telephone: 661.635.1300 Fax: 661.635.1320 Secured drop box accessible to the public 24 hrs a day. SUMMONS & COMPLAINT - UNLAWFUL DETAINER The Sheriff must have original instructions signed by the attorney of record or the plaintiff if he/she has no attorney. j &pP&&E(),o9V2dTy>opM,gFp^8}g_K"@R4ar Inland County Legal Services Rancho Cucamonga: (909) 980-0982 800 . After you have filed your response to the landlords complaint in the clerks office and a Request for Setting is filed by the plaintiff, you will both be notified by mail of the time and place of the trial. An Unlawful Detainer case is fast. 2010-2023 Fresh Start Law Center, PC - A Professional Corporation. Privacy Policy. KERN COUNTY AUDITOR-CONTROLLER-COUNTY CLERK January 1, 2016 . 2018 Superior Court of California, County of San Bernardino, All Rights Reserved |, Family Court Services Orientation Class Info, Local Emergency Rules Related to COVID-19, Online Form Preparation and Filing (TurboCourt), Court Case Information and Document Sales, How to Navigate San Bernardino Superior Court, San Bernardino Superior Court Rules of Practice, COVID-19: COURT OPERATIONS DURING THE COVID-19 PANDEMIC, Case Information and Document Sales Online, Resolving Your Unlawful Detainer (Eviction) Case, Make an Appointment for Limited Landlord/Tenant Filings, Make an Appointment for Unlimited Landlord/Tenant Filings, Motion for Continuance and a declaration showing a good reason for the continuance, Written Stipulation, (agreed to by both parties), along with a declaration showing a good reason for the continuance and an order, Bring any letters, documents, inspection reports, pictures, receipts or any other exhibits with you, Have at least three copies of all documents, an original for the court & a copy for the opposing party, Dress appropriately. Your IP: We provide criminal expungement legal services to all the cities in Kern County, and pride ourselves on being one of the only law firms that concentrate exclusively on California record clearing laws. endobj All Rights Reserved. A copy of the supplemental cover sheet is available here. % A Covid declaration is only required for evictions based on nonpayment of rent, but some courts are requiring Covid declarations for all evictions. Inappropriate dress includes jeans, shorts or tank tops. Evictions in Ridgecrest are filed in the Ridgecrest courthouse at 132 E Coso Avenue, as are evictions in China Lake, Indian Wells, and Inyokern. We cannot represent you in Court and we do not provide any legal advice. If you are not represented by an attorney, you can represent yourself. Fresh Start Law Center is one of the few law firms in California that focuses solely on record clearing laws in California. Felony expungement . The renter breaks the lease or rental agreement and will not fix the problem like leaving trash in the yard, or failing to keep the water turned on. KERN COUNTY AUDITOR-CONTROLLER-COUNTY CLERK January 1, 2016 . Please enable JavaScript before you proceed. Filing an appeal does not automatically suspend or delay enforcement of the judgment. Currently Kern County consists of 11 cities in total, and our record clearing services are available to everybody in all 11 cities. Cloudflare Ray ID: 7c0734b6ea5ca075 Usually, the defendant has 5 days to file a response. This sometimes includes closely held corporations, such as a husband and wife L.L.C. An award for possession of property authorizes the landlord to evict you from the property. Declaration for Default Judgment by Court (Unlawful DetainerCiv. Proc We require the bond to explicitly state the effective and expiration dates. We provide our specialized criminal expungement legal services throughout the entire state of California. Kern County, California Media Contact: Greater Bakersfield Legal Assistance, Inc. Staff Attorney Laura Matter lmatter@gbla.org . If they cannot work it out, they may end up in court. PDF Instructions to Sheriff of The County of Kern The Sheriffs cost for the eviction may be added to the judgment, which the landlord can collect from you. h]>=3|4xsR[(BHW?jS(]R16}4H]ce_\P++,|ph|5 T/\s>_bHW?u1hr9K,07Pm258dq Hl1dEXP?^Al/vyx,:J.EUt?vl'8 {sn=%gadUMz9T;(x)RPDk*;3wu4qro"'=NPhMd@G2@.,fMg&~:DD +u|@J8""O&:aCy(68)p%v,* {QPI&R&wgyCEBr7 Go`} Get form UD-116 Effective: July 1, 2003 Kern County Administrative Office 1115 Truxtun Avenue, 5th Floor Bakersfield, CA 93301 Meaning of Name Edward Kern, cartographer for John C. Fremont's 1845 expedition. . AnswerUnlawful Detainer (UD-105) Tell the court and the landlord your responses to the Complaint and things you want to ask for as a tenant in an eviction case. You should bring copies and the Court Clerk will conform them. You may refer to the Evictions:Landlord page for more information. A landlord can generally evict a tenant if one or more of the following is true: The renter fails to pay rent on time. No problem. Monetary damages may be recovered after control of the property is taken. You have 5 days from the date you were served to respond in writing to the landlords complaint and file your response with the court. The Attorney-In-Fact must be registered with the Kern County Clerk or a currently dated copy of the power-of-attorney must be attached to the bond authorizing the Attorney-In-Fact to issue the bond, The Attorney-In-Fact signature must be acknowledged before a notary public, Filing fee of $182 (cash, credit card, money order, or check) payable to the Kern County Clerk. Arrive early as there is always a high demand for services. Login. Evictions in Delano are filed in the Delano courthouse at 1122 Jefferson Street, as are evictions in McFarland, Jasmin, Pond, Earlimart, and Richgrove. (661) 873-4415. he Covid rules are confusing and contradictory, and the courts appear to heavily favor the tenants. The subpoena must be personally served. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. Copyright 2020 Scripps Media, Inc. All rights reserved. These issues are completely beyond our control, and there is nothing we (or anyone else) can do to prevent these issues. SummonsUnlawful DetainerEviction (SUM-130) Tells a tenant that the landlord has started a court case to evict the tenant and what can happen if a response is not filed in 5 days. Unlawful Detainer Case Search - Kern County Superior Courts _N )N^J0B; $~]J`^x?p''nbPj2+IO1})F58PxBp+ The court may enter a default judgment in favor of the landlord and issue a Writ of Possession after the 5th day if you fail to file your written response with the court. Even if a tenant is months behind on the rent, the landlord cannot: To legally evict the tenant through the process of an Unlawful Detainer, the landlord has to: Serve the tenant with the appropriate written notice (there are several types of notice, and the one you serve on your tenant must be appropriate to your specific case circumstances), Wait for the time period in the notice to end, File an Unlawful Detainer action if the tenant does not do what the notice asks, Abuse, Harassment & Restraining Orders Help. BY POSTING FOR UNLAWFUL DETAINER Code Civ. Housing and Homelessness Prevention - GBLA. Greater Bakersfield Legal Free Consultation (800) 916-1228. The renter damages the property, such as breaking out windows. Additionally, we cannot guarantee results & past results do not guarantee future results. California Courts | Self Help Guide Declaration for Default Judgment by Court (Unlawful DetainerCiv. It is common for our clients to only pay our fee and the court filing fee, which is currently $240 for the initial lawsuit documents. SUMMONS & COMPLAINT - UNLAWFUL DETAINER The Sheriff must have original instructions signed by the attorney of record or the plaintiff if he/she has no attorney. This appears to be the proper procedure under the law, but several courts, without citing any authority, have required a fifteen day notice. Hours: Monday through Thursday from 8:00 am to 4:00 pm; Friday from 8:00 am to 2:00 pm We prepare papers quickly and accurately, but this does not mean that there wont be problems. . Using these smart forms can save you time and frustration. An Unlawful Detainer action is a special court proceeding. In general, the defendant cannot file a cross complaint (counter-sue). Proc. From San Diego to Humboldt County, we are here to help with your expungement needs. Landlord / Tenant | Superior Court of California Provide some quick info, and one of our record clearing attorneys will reach out to you right away. Superior Court of Kern - Ridgecrest Branch Address: 132 East Coso Ave, Ridgecrest, CA 93555, United States Phone: (760) 384-5900 Matters Served: CIVIL-LIMITED SMALL CLAIMS UNLAWFUL DETAINER (EVICTION) CRIMINAL-FELONY & MISDEMEANOR FAMILY LAW REVENUE RECOVERY TRAFFIC Superior Court of Kern - Shafter Branch If the landlord wins the case, they will get a "judgment" and the tenant has to move out. Kern County Clerk Unlawful Detainer Assistant Initial consultation with a registered Legal Document Assistant to ensure compliance with state and local filing requirements. Accordingly, the Court recommends the action be REMANDED to Kern County Superior Court. Evictions in Mojave are filed in the Mojave courthouse at 1773 State Highway 58 Business, as are Tehachapi evictions, California City evictions, Willow Springs evictions, and Rosamond evictions. This link contains news and information for both landlords and tenants. However, in order to get that protection, the tenant needs to meet . Registration for Legal Document Assistant is required in every county where the service is supplied. There is no trial if you do not file a written response to the unlawful detainer complaint. In most cases, no court appearances are necessary, but you can represent yourself at the court trial if needed. An unlawful detainer complaint is required in California's law, is necessary to be served in person to the person who is being sued, however there are few cautions to this regulation. You will be mailed a Clerks Notice of Trial informing you of the trial date. Call Now Toll-Free 800-916-1228 100% FREE Attorney Consultation. Some courts have required that every notification be served. A new form is required for all evictions, form UD-101. Look at the list of other places to get help below. Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Los Angeles, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Mono, Monterey, Napa, Nevada, Orange, Placer, Plumas, Riverside, Sacramento, San Benito, San Bernardino, San Diego, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Ventura, Yolo and Yuba. Keep a copy of all filed forms for yourself . There are packets available in English and Spanish, but please note that all court filings must be in English. The bond must cover the two-year registration period. 3 Unlawful Detainer Trial Practice Outline Monique Farris Centro Legal de la Raza Shirley Gibson Legal Aid Society of San Mateo County Lorraine Lpez Inner City Law Center If you find this article helpful, you can learn more about the subject by going to www.pli.edu to view the on demand program or segment for which it was written. According to the court, due to the . The landlord is the plaintiff. To make matters worse, different clerks in the same courthouse disagree as to how this question should be answered, so some pleadings are rejected for checking Yes and some are rejected for checking No. Superior Court of Kern County changing process for unlawful detainer This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. Due to a new state law placing a moratorium on evictions through Jan. 31 due to COVID-19, the Superior Court says it must now have case information allowing it to screen and process cases involving a summons or default in an unlawful detainer. 7/28/21 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): . PDF Eviction or Unlawful Detainer Lawsuit - California If the case goes to trial and the landlord is awarded judgment against you and for possession of the property, the landlord can then obtain a Writ of Possession. The tenant is the defendant. Civil Section | KCSO PDF Have evictions in Kern County stopped? What types of evictions are delayed? We specialize in California criminal expungement law and have help clients all over the state of California. Mr. Huffman was a joy to work with. ComplaintUnlawful Detainer | California Courts | Self Help Guide BAKERSFIELD, Calif. The Superior Court of Kern County announced Monday changes coming to the process for a summons or default in an unlawful detainer action. 5 Stars!!! The renter becomes a serious nuisance by disturbing other tenants and neighbors. The courts fee schedule can be found here. 2023 @ kclawlib.org All rights reserved, The range of digital services available with the Kern Law Library, Learn about the various resources we have available here at the Kern Law Library, Access to NOLO Online - an extensive library of free legal articles, Adding or Changing Names on Real Property, California State University Bakersfield Externs, Board of Trustees Meeting of April 12, 2023, Board of Trustees Meeting of March 8, 2023, Board of Trustees Meeting of February 8, 2023, Board of Trustees Meeting of January 11, 2023, Board of Trustees Meeting of December 14, 2022.
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