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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. Professional Process Service of initial court filing to all tenants, including prejudgment claim of right to possession. `Superior Court, County of Kern - Beginning January 14, 2019, the Metropolitan Division of the Superior Court, County `of Kern only, has implemented a Shriver pilot project for Mandatory Settlement Conferences in all residential unlawful `detainer cases set for trial in the Metropolitan Division. Landlords and tenants can have disagreements. Evictions are generally filed in the closest courthouse to the location of the property. The bond cannot combine both a Legal Document Assistant and an Unlawful Detainer Assistant. The person served must be given reasonable notice of the date and time of the trial. 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. We prepare papers quickly and accurately, but this does not mean that there wont be problems. On August 31, 2020, the California Legislature adopted Assembly Bill 3088, the COVID-19 Tenant Relief Act of 2020, which was adopted as urgency legislation with an effective date of September 2. These are some of the recent problems we have experienced. Please enable JavaScript before you proceed. It is a legal way to evict someone from the place where they live or work. Give Light and the People Will Find Their Own Way. We offer many criminal record clearing services that once successful will allow you to approach job interviews with resolve and honesty. Felony expungement . Do you have multiple cases? The landlord cancels the rental agreement by giving proper notice. The goal of the Center is to help unrepresented parties understand and prepare for court or, whenever possible, help landlords and tenants reach out-of-court settlements through mediation. It is a legal way to evict someone from the place where they live or work. Unlawful Detainer Assistant registration is required in each county where the services are performed. Some courts believe Yes means that the tenant is in temporary housing, and some believe that No means the tenant is in temporary housing. A copy of the supplemental cover sheet is available here. This application requires JavaScript, which is currently disabled in your browser. stream
Local Kern County, California, expungement law firm is experienced in criminal record expungement, and ensures the lowest expungement prices in Kern County. In general, the defendant cannot file a cross complaint (counter-sue). The Sheriffs cost for the eviction may be added to the judgment, which the landlord can collect from you. All Rights Reserved. This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. You can have a trial 20 days after that. Please click on the link below for the appropriate UDA packet. They have moved to 400 Truxtun Ave #203, Bakersfield, CA 93301. Inappropriate dress includes jeans, shorts or tank tops. It is a legal way to evict someone from the place where they live or work. Visit The Kern County Superior Court Website, Metropolitan Division - Justice Building1215 Truxtun Avenue, Bakersfield, CA 93301, Metropolitan Division - Juvenile Justice Center2100 College Avenue, Bakersfield, CA 93305, East Division - Mojave Branch1773 Highway 58, Mojave, CA 93501, North Division - Shafter/Wasco Branch325 Central Valley Highway, Shafter, CA 93263, South Division - Arvin/Lamont Branch12022 Main Street, Lamont, CA 93241. Accordingly, the Court recommends the action be REMANDED to Kern County Superior Court. "Unlawful detainer claim" means a proceeding, filing, or action affecting rights or liabilities of any person that arises under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure We can also provide the forms for you. 2010-2023 Fresh Start Law Center, PC - A Professional Corporation. Please provide the court with sufficient notice of your need. 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. Fontana, CA 92335 Most courts allow a three day notice when the tenant is damaging the property. Two-year Legal Document Assistant bond in the amount of $25,000 or in lieu of a bond, you may deposit $25,000 in cash with the County Clerk. You will be mailed a Clerks Notice of Trial informing you of the trial date. If the landlord obtains a judgment against you, you will have to move. For example, which forms to complete and how to file them. Our focus in California record clearing laws not only allows us to provide top notch legal services, but to provide these expungement services at the absolute lowest fixed prices - we guarantee that our prices are the lowest! Hours: Monday through Thursday from 8:00 am to 4:00 pm; Friday from 8:00 am to 2:00 pm Filing an appeal does not automatically suspend or delay enforcement of the judgment. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>>
Click to reveal This sometimes includes closely held corporations, such as a husband and wife L.L.C. We have been forced to raise our eviction rates to $1,100 for the Summons, Complaint, and default and $85 for notice because of the multiple issues and problems that are beyond our control. 5 Stars!!! endobj
Professional preparation of unlawful detainer summons and complaint and supporting documents by Registered Legal Document Assistant. Mandatory Electronic Filing (E-File) will be required for represented parties in all cases filed in Limited and Unlimited Civil, case types, including Family Law cases, Probate cases, cases related to California Environmental Quality Act (CEQA), Civil Writ petitions cases, and Unlawful Detainers. 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. Abuse, Harassment & Restraining Orders Help. While LTAC cannot fill out your forms for you, they can provide you with a general description of the process you will need to follow to lawfully evict a tenant. 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. Please click on the link below for the appropriate LDA packet. These are some of the recent problems we have experienced. 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. Removal Jurisdiction After the Sheriff posts the notice, you have 5 days to move. You do not have to visit in order to get information you can always call them at (661) 610-6299 or email them at ltac@kern.courts.ca.gov. 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. In general, the defendant cannot file a cross complaint (counter-sue). It is against the law. We also offer expedited service in most counties. It mainly talks about who has the right to live at the property. 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. 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. We are convenientlly located in Southern California which allows us to provider our full lineup of record clearing services to all residents in Kern. We can be reached by phone (661) 873-4415. Notice of Termination. We specialize in California criminal expungement law and have help clients all over the state of California. Notice: This website is attorney advertisement and does not establish an attorney-client relationship, which is only formed once you have signed an engagement agreement. Landlord Tenant (Unlawful Detainer) Information, Informacin de Desalojo (Retencin Ilcita). Additionally, we cannot guarantee results & past results do not guarantee future results. Additional, lost or stolen replacement cards are $10 each. The bond must cover the two-year registration period. This default judgment allows the landlord to obtain possession of the property. Landlords and tenants can have disagreements. If they cannot work it out, they may end up in court. If you are a defendant in an unlawful Detainer case, you may refer to the Evictions:Tenant page for more information. An award for possession of property authorizes the landlord to evict you from the property. 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. To change your trial date, you need to file one of the following: The paperwork must be filed as soon as the need for a continuance is known. 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. We serve all 58 counties in California, including: Kern County - Early Probation Termination, Kern County - Certificate Of Rehabilitation. Electronic filing of unlawful detainer case documents. Some courts have required that every notification be served. The Sheriff can enforce this judgment. The landlord is the plaintiff. An Unlawful Detainer case is fast. We are a Kern County eviction service headquartered in Bakersfield, but we assist with evictions throughout California. 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. 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. Temporary restrictions due to Covid-19 may hamper or delay an eviction. If you are served with an unlawful detainer complaint, the complaint will show the court location where you should file your response. The Sheriff will post a Notice to Vacate the property before enforcing the Writ of Possession. Usually, the defendant has 5 days to file a response. If the landlord is also awarded judgment for payment of back rent, he or she may collect the judgment by attaching your property, garnishing your wages, or any other legal means. Professional process service of the initial notices. <>
Totally reliable and well worth the money. Answer - Unlawful Detainer Judicial Council Form UD-105 Request to Set Case for Trial (Unlawful Detainer) Judicial Council Form UD-150 Request for Entry of Default (Application to Enter Default) Judicial Council Form CIV-100 Declaration for Default Judgment by Court (Unlawful Detainer- Code Civ. According to the court, due to the actions taken by the state and the CDC in response to COVID-19, in order to process a summons or default in an unlawful detainer action, the court must have case information that will allow the court to screen and process cases. No matter how meritless the claims are, the court will still consider them. You cannot evict someone yourself without going through the proper steps. We offer a huge variety of criminal expungement legal services to all Kern residents. This application requires JavaScript, which is currently disabled in your browser. 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. Copyright 2020 Scripps Media, Inc. All rights reserved. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. We have listed our most popular criminal record clearing services below. Unlawful Detainer - Kern County Law Library Unlawful Detainer For the most current news on the subject of how Covid-19 has impacted the subject of Unlawful Detainers, please click here . Kern Evictions We are Kern Eviction. This website is using a security service to protect itself from online attacks. 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. An Unlawful Detainer case is fast. This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. Hare is a list of the 11 cities in Kern that we serve: Bakersfield (County seat), Delano, Arvin, McFarland, Ridgecrest, Shafter, Tehachapi, Wasco, California City, Maricopa, and Taft. From San Diego to Humboldt County, we are here to help with your expungement needs. Arrive early as there is always a high demand for services. Privacy Policy. Evictions in Ridgecrest are filed in the Ridgecrest courthouse at 132 E Coso Avenue, as are evictions in China Lake, Indian Wells, and Inyokern. j &pP&&E(),o9V2dTy>opM,gFp^8}g_K"@R4ar Kern Evictions appears to be closed. In order to obtain a fee waiver, you must file an Application for Waiver of Court Fees and Costs at the time you file your response. <>
You should bring the proof of service to court with you. We prepare papers quickly and accurately, but this does not mean that there wont be problems. Highly recommend Fresh Start Law Center to anyone needing this type of assistance. David Huffman and his team are top notch. An original bond is required for the primary county in which you are applying for registration. If the landlord fails to appear for a scheduled trial, the court may dismiss the case without any further action. An original bond is required for . There is no reason to let your criminal history hold you back any longer, sign up today and forget your past and embrace your future. Kern County is located in the Central Valley and although it is best know for the city of Bakersfield, there are 10 other cities that make up the county. I would highly recommend Fresh Start. You will have to pay a fee or get a fee waiver. It is a legal way to evict someone from the place where they live or work. A certified copy of the original bond must be submitted in each additional county in which you apply for registration. Fresh Start Law Center is one of the few law firms in California that focuses solely on record clearing laws in California. +yZOOZ.r:Z:|,X?eHDDI^>~"*i54O?>=::Dj1d5 1 0 obj
(CCP 262) . An original bond is required for the primary county in which you are applying for registration. We do pay the cost of electronic filing. This appears to be the proper procedure under the law, but several courts, without citing any authority, have required a fifteen day notice. Additional, lost or stolen replacement cards are $10 each. This judgment allows the landlord to obtain possession of the property. 348, Bakersfield, CA 93301. On February 19, 2016 a 31-CL 10K Unlawful Detainer - Commercial - Civil Limited case was filed by County Of Kern, represented by Van Wyk, Brian M, against Grieves, Bruce, represented by in the jurisdiction of Kern County. Toggle navigation MENU. The court provides interpreters for unlawful detainer cases for parties who do not speak English or require a sign language interpreter. Monday - Thursday:8am-4pmFriday:8am-3:30pm, 1415 Truxtun Ave, Rm. The renter becomes a serious nuisance by disturbing other tenants and neighbors. Look at the list of other places to get help below. If a tenant fails to appear for a scheduled trial, the court will proceed by default and may render a judgment for the landlord. This material may not be published, broadcast, rewritten, or redistributed. They can also provide some general information about the procedures you must follow to participate in your case, and inform you of important deadlines for filing you should keep in mind. 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. 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 This link contains news and information for both landlords and tenants. Two-year Unlawful Detainer Assistant bond in the amount of $25,000 or in lieu of a bond, you may deposit $25,000 in cash with the County Clerk. Mailing Address KCSO Civil Section P.O.Box 80786 Bakersfield, CA 93380 Email: Civil@kernsheriff.org Public Hours of Operation 8:00 a.m. - 5:00 p.m. Monday - Friday, excluding holidays 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. An Unlawful Detainer decides if the landlord can take the property back from the tenant. Payments can be made here. Disagreement has to be about the tenant moving out We serve all locations in the county and prepare paperwork for evictions throughout California. Instead of writing certain information over and over, these forms will know where to put that information on the forms for you. Fresh Start Law Center focuses exclusively on California record clearing laws, and is one of the few California law firms to do so. However, in order to get that protection, the tenant needs to meet . Please enable JavaScript before you proceed. Initial consultation with a registered Legal Document Assistant to ensure compliance with state and local filing requirements. 415.45 Page 1 of 2 For Optional Use CV-667 Rev. We assist with evictions throughout California, but our primary service area is Kern County, including Bakersfield, Arvin, Delano, Mojave, California City, Maricopa, McFarland, Ridgecrest, Shafter, Taft, Tehachapi, and Wasco. Only the Sheriff can evict someone. If you are not represented by an attorney, you can represent yourself. Effective April 6, the Judicial Council adopted Emergency Rule 1, which prohibited the court from issuing summons or processing defaults in unlawful detainer cases with limited exceptions. This legal document authorizes the Sheriff to physically remove and lock you out of the property. 2 0 obj
According to the court, due to the . Keep a copy of all filed forms for yourself . That is why you may need an Unlawful Detainer. The bond cannot combine both a Legal Document Assistant and an Unlawful Detainer Assistant. 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. 103.190.54.21 PJ6\Y1{n9{xRFR= To be clear: LTAC is not able to provide you with legal advice only information. The fact is that a good majority of private employers in Kern County are conducting criminal background checks on applicants today, making it extremely difficult to find a job if you have a criminal record. Proc., 585 (d)) (UD-116) Ask the court to win your eviction case as a landlord because the tenant didn't file an Answer (form UD-105) by the deadline. If the landlord wins the case, they will get a "judgment" and the tenant has to move out. A new form is required for all evictions, form UD-101. This allows us to give our clients highly specialized legal assistance at the absolute lowest fixed prices (we guarantee our prices are the lowest). 171 Family Law Packets (If requested by mail, additional $1.00 charge with the exception of No Fee packets): Dissolution Summary Dissolution, Paternity, or Petition for Custody Domestic Violence 172 Probate Packets (If requested by mail, additional $1.00 charge with the exception of No Fee packets): Affidavit of Real Property of Small Value, (CCP 262) . Free self help assistance is provided by the Court for both landlords and tenants. Unlawful Detainer Assistant registration is required in each county where the services are performed. Most of our expungement cases are completed in just 6-12 weeks, meaning you can quickly move forward with you life. A valid photo identification issued by the government (established by a birth certificate, a drivers license or passport). 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. This form contains paragraph 3(b)(1), which states, All defendants names in this action maintain occupancy described in Civil Code section 1940(b). This concerns whether the tenant is in temporary housing, such as a residential hotel. We have won thousands of criminal expungement cases for our clients in California. . Hours: Monday through Thursday from 8:00 am to 4:00 pm; Friday from 8:00 am to 2:00 pm This means the Sheriff can physically make the tenant leave. 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. You can have a trial 20 days after that. We look forward to helping you get your life back on track in Kern County, and we truly appreciate you taking the time to consider our services. This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. For the most current news on the subject of how Covid-19 has impacted the subject of Unlawful Detainers, please clickhere. Expedited proceeding An Unlawful Detainer case is fast. Call us now to get them out. I. We are document service providers, not attorneys.
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