If the landlord wins the case, they will get a "judgment" and the tenant has to move out. This legal document authorizes the Sheriff to physically remove and lock you out of the property. 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. An award for possession of property authorizes the landlord to evict you from the property. Fontana, CA 92335 An unlawful detainer lawsuit is a suit brought by a landlord to obtain possession of the rented property and receive payment of back rent. Privacy Policy. I am very pleased! Founding Attorney, Fresh Start Law Center. Call us now to get them out. This judgment allows the landlord to obtain possession of the property. Landlords and tenants can have disagreements. This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. These are some of the recent problems we have experienced. All Rights Reserved. We have seen every type of expungement case, and we specialize in this unique area of California law. Hours: Monday through Thursday from 8:00 am to 4:00 pm; Friday from 8:00 am to 2:00 pm An original bond is required for the primary county in which you are applying for registration. Free self help assistance is provided by the Court for both landlords and tenants. Proc. If the landlord wins the case, they will get a "judgment" and the tenant has to move out. In order to legally evict a tenant (remove and lock the tenant out of the property), the landlord must file an unlawful detainer lawsuit. Our low flat fee of $1,100 does not include significant payments to others, such as court filing fees, Sheriffs fees, process service, or attorney fees. Keep a copy of all filed forms for yourself . 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 County, California Media Contact: Greater Bakersfield Legal Assistance, Inc. Staff Attorney Laura Matter lmatter@gbla.org . Tenants sometimes file motions, demurrers, or other pleadings that delay the eviction process, even if the pleadings are without merit. We prepare papers quickly and accurately, but this does not mean that there wont be problems. Provide some quick info, and one of our record clearing attorneys will reach out to you right away. 4 0 obj They did everything they promised, on time and with wonderful customer service. This generally includes McKittrick, Derby Acres, Valley Acres, New Cuyama, San Emidio, Lebec, and Maricopa. 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 two options are Yes and No. We are so sure that we have the lowest fixed prices for our expungement services that we guarantee it! Professional process service of the initial notices. Monetary damages may be recovered after control of the property is taken. There is no trial if you do not file a written response to the unlawful detainer complaint. Temporary restrictions due to Covid-19 may hamper or delay an eviction. 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. It mainly talks about who has the right to live at the property. An Unlawful Detainer action is a special court proceeding. You can click on the service that is most applicable to your situation and you will be taken to a main informational page wherein you can learn more about the service. %PDF-1.5 There are packets available in English and Spanish, but please note that all court filings must be in English. 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). Notice of Termination. Cloudflare Ray ID: 7c0734b6ea5ca075 There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. The bond cannot combine both a Legal Document Assistant and an Unlawful Detainer Assistant. Emergency Rule 1 expired on September 1. Click to reveal Registration for Legal Document Assistant is required in every county where the service is supplied. PJ6\Y1{n9{xRFR= A certified copy of the original bond must be submitted in each additional county in which you apply for registration. Evictions in Delano are filed in the Delano courthouse at 1122 Jefferson Street, as are evictions in McFarland, Jasmin, Pond, Earlimart, and Richgrove. -a1?@xK 1erIQMdzZ5I}KxDEkfUXVk~`Y2vXD@0fE;MXp6P~}KWpeZ;`i"`Er0J,g%awU#T5jf We offer a huge variety of criminal expungement legal services to all Kern residents. 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`} Proc., 525(d)) Judicial Council Form UD-116 If you are representing yourself, you may want to consult: You may want to subpoena witnesses you feel are necessary for your case for appearance in court. . 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. The person served must be given reasonable notice of the date and time of the trial. It is important that you put your criminal expungement case in good hands that you can trust. A copy of the supplemental cover sheet is available here. <> stream The order says that those tenants should have 60 days to respond to an unlawful detainer (eviction) complaint, instead of the normal 5 court days. 2010-2023 Fresh Start Law Center, PC - A Professional Corporation. 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. 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. An original bond is required for . Unlawful Detainer Assistant registration is required in each county where the services are performed. #z< !B lj Z,adxq_{='UE5r|*h +Z434as6WVhxr We also offer expedited service in most counties. Most of our expungement cases are completed in just 6-12 weeks, meaning you can quickly move forward with you life. These are some of the recent problems we have experienced. Accordingly, the Court recommends the action be REMANDED to Kern County Superior Court. The Sheriffs cost for the eviction may be added to the judgment, which the landlord can collect from you. Usually, the defendant has 5 days to file a response. 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. Legal Document Assistance throughout the county and state. This link contains news and information for both landlords and tenants. We serve all 58 counties in California, including: Kern County - Early Probation Termination, Kern County - Certificate Of Rehabilitation. LTAC provides sample Notices, free premade packets to initiate an Unlawful Detainer lawsuit, and general information about the process of evicting a tenant in California. 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! Professional preparation of unlawful detainer summons and complaint and supporting documents by Registered Legal Document Assistant. It is a legal way to evict someone from the place where they live or work. In general, the defendant cannot file a cross complaint (counter-sue). The bond cannot combine both a Legal Document Assistant and an Unlawful Detainer Assistant. 348, Bakersfield, CA 93301. x=ks6][{&$9]l.4zlVxN"*|4Fw47oG_}Yh/M,U',R%,? If necessary, the registration period will be shortened to coincide with the date the bond expires. This application requires JavaScript, which is currently disabled in your browser. Inland County Legal Services Rancho Cucamonga: (909) 980-0982 800 . This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. The application for Waiver for Court Fees and Costs form may be obtained from the clerks office. You should bring copies and the Court Clerk will conform them. Abuse, Harassment & Restraining Orders Help. Usually, the defendant has 5 days to file a response. You must also pay a filing fee when you file the motion or stipulation. Between March 23 and April 6, defaults were delayed in processing due to a reduction in court services due to the COVID-19 pandemic. 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. The landlord is the plaintiff. If you have a friend willing to serve papers for you, we can give them instructions as to how to do it. If we do not successfully expunge your criminal case, then you don't pay us. 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 . David Huffman and his team are top notch. If you are a defendant in an unlawful Detainer case, you may refer to the Evictions:Tenant page for more information. Please click on the link below for the appropriate UDA packet. % That is why you may need an Unlawful Detainer. Currently Kern County consists of 11 cities in total, and our record clearing services are available to everybody in all 11 cities. Inappropriate dress includes jeans, shorts or tank tops. 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. Initial consultation with a registered Legal Document Assistant to ensure compliance with state and local filing requirements. 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. 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. 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. California Courts | Self Help Guide Declaration for Default Judgment by Court (Unlawful DetainerCiv. The renter uses the property to do something illegal, such as sell drugs. Your IP: Removal Jurisdiction The statutory Covid declaration has a date on the top of it reflecting when the moratorium was passed or extended. Copyright 2020 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. If you have any further questions, please contact the County Clerk's Office at (661) 868-3743. Highly recommend Fresh Start Law Center to anyone needing this type of assistance. Do you have multiple cases? 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. They have moved to 400 Truxtun Ave #203, Bakersfield, CA 93301. 415.45 Page 1 of 2 For Optional Use CV-667 Rev. Please enable JavaScript before you proceed. ` The forms also contain instructions to help you fill them out. Evictions in Bakersfield are filed in the Bakersfield courthouse at 1415 Truxtun Ave., as are evictions in surrounding areas of the county that are near Bakersfield, such as Oildale, Greenacres, and Rosedale. 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. The Covid rules are confusing and contradictory, and the courts appear to heavily favor the tenants. 103.190.54.21 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. 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. 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. 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. The action you just performed triggered the security solution. This sometimes includes closely held corporations, such as a husband and wife L.L.C. Sincerely,David Huffman, Esq. We do not, will not, and cannot represent you in court. Kern County has multiple court locations. The Center is located at the Kern County Superior Court, Metropolitan Division, 1415 Truxtun Ave., in Bakersfield on the Third Floor. A valid photo identification issued by the government (established by a birth certificate, a drivers license or passport). "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 Eviction cases are called "Unlawful Detainer" cases. The courts fee schedule can be found here. 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. KERN COUNTY AUDITOR-CONTROLLER-COUNTY CLERK January 1, 2016 . 3 0 obj According to the court, due to the . An unlawful detainer lawsuit is a suit brought by a landlord to obtain possession of the rented property and receive payment of back rent. The bond must cover the two-year registration period. The tenant is the defendant. 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. 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. These can be burdensome and cause delays. If necessary, the registration period will be shortened to coincide with the date the bond expires. , Imperial County, Inyo County, Kern County, Kings County, Lake County, Lassen County, Alameda County, Alpine County, Amador County, Butte County, Calaveras . Electronic filing of unlawful detainer case documents. For example, which forms to complete and how to file them. 1 0 obj Get form UD-116 Effective: July 1, 2003 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. We serve all locations in the county and prepare paperwork for evictions throughout California. endobj ~ We take pride in offering affordable pricing to our clients. 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. In most cases, no court appearances are necessary, but you can represent yourself at the court trial if needed. Login. An Unlawful Detainer action is a special court proceeding. Some courts have required that every notification be served. This means the Sheriff can physically make the tenant leave. The renter becomes a serious nuisance by disturbing other tenants and neighbors. If they cannot work it out, they may end up in court. Please provide the court with sufficient notice of your need. If you have any further questions, please contact the County Clerk's Office at (661) 868-3743. 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. A landlord can generally evict a tenant if one or more of the following is true: The renter fails to pay rent on time. BAKERSFIELD, Calif. (KGET) The Kern County Superior Court has announced changes for how unlawful detainer cases will be processed. _N )N^J0B; $~]J`^x?p''nbPj2+IO1})F58PxBp+ We require the bond to explicitly state the effective and expiration dates. An unlawful detainer is only for possession of the property, but not for recovery of monetary damages. 2 0 obj An Unlawful Detainer case is fast. 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. For the most current news on the subject of how Covid-19 has impacted the subject of Unlawful Detainers, please clickhere. 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. It is against the law. Filing an appeal does not automatically suspend or delay enforcement of the judgment. You should bring the proof of service to court with you. If they cannot work it out, they may end up in court. 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. There are firms throughout the state that specialize in delaying evictions, and Nolo even publishes an article entitled, How to Delay an Eviction in California Heres what you can do to postpone your eviction, or maybe stop it altogether.. INSTRUCTIONS TO SHERIFF OF THE COUNTY OF KERN Author: jacquez Created Date: 6/1/2018 7:52:59 AM . Our location in Southern California put us very close to Kern and we are very familiar with the Kern County Superior Court system. No problem. Please click on the link below for the appropriate LDA packet. The registration application can be downloaded, completed and brought into the County Clerks Office located at: The registrant must appear in person and present the following requirements: You may apply for registration as an Unlawful Detainer Assistant between 8:30 am - 3:00 pm Monday through Friday. An Unlawful Detainer decides if the landlord can take the property back from the tenant. 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. From San Diego to Humboldt County, we are here to help with your expungement needs. I would highly recommend Fresh Start. 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. :Gg7 Information packets are provided in English and Spanish, but please note that all filings in the Superior Court must be in English. <> Additionally, we cannot guarantee results & past results do not guarantee future results. Free Consultation (800) 916-1228. ComplaintUnlawful Detainer (UD-100) Starts an eviction case and tells the tenant all the issues the landlord wants to include in a judgment against them. Evictions are generally filed in the closest courthouse to the location of the property. Please enable JavaScript before you proceed. The court provides interpreters for unlawful detainer cases for parties who do not speak English or require a sign language interpreter. Additional, lost or stolen replacement cards are $10 each. A Covid declaration is only required for evictions based on nonpayment of rent, but some courts are requiring Covid declarations for all evictions. In general, the defendant cannot file a cross complaint (counter-sue). 7AUg^$1@_/@wAKY&e62&`pH!`)`S5p\"H ul1K#D$ ||4 @j%k6r&l =b 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. A hearing and appearance is only needed if the tenants file an answer to the unlawful detainer. An Unlawful Detainer action is a special court proceeding. However, in order to get that protection, the tenant needs to meet . We know contract attorneys all over California. Professional Process Service of initial court filing to all tenants, including prejudgment claim of right to possession. <>>> 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. 301 Bakersfield, CA 93301 (661) 868-5320, Including library services & resources availble for use. 5 Stars!!! Kern Evictions appears to be closed. endobj 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 You must pay a filing fee when you file your written response, however, it is possible to obtain a waiver of this fee if you cannot afford to pay it. Unlawful Detainer cases are complicated. *,X&BzB BY POSTING FOR UNLAWFUL DETAINER Code Civ. Hours: Monday through Thursday from 8:00 am to 4:00 pm; Friday from 8:00 am to 2:00 pm If a tenant fails to appear for a scheduled trial, the court will proceed by default and may render a judgment for the landlord. The Notice will state the reason for the eviction (e.g., nonpayment of rent, lease violation) and may ask the tenant to fix the problem. There are costs to subpoena each witness, including witnesses mileage to and from the trial location, and you must pay these costs. Additional, lost or stolen replacement cards are $10 each. This link contains news and information for both landlords and tenants. You will have to pay a fee or get a fee waiver. We require the bond to explicitly state the effective and expiration dates. According to the court, due to the actions taken by the state and the CDC in response to COVID-19, in order to process a summons or default in an unlawful detainer action, the court must have case information that will allow the court to screen and process cases. Because an action for unlawful detainer arises under California law, the Court lacks subject matter jurisdiction over the complaint. An Unlawful Detainer decides if the landlord can take the property back from the tenant. j &pP&&E(),o9V2dTy>opM,gFp^8}g_K"@R4ar Landlords and tenants can have disagreements. Their prices were reasonable and there service excellent. Some courts believe Yes means that the tenant is in temporary housing, and some believe that No means the tenant is in temporary housing. There are, therefore, multiple contradictory Covid notifications. Legal Document Assistant registration is required for those who, for compensation, assist the public to present legal documents to any self-help members of the public who are representing themselves in a legal matter. pwpcCSC9QcUtg+"2*Z~%+}@"M [>54Nm\ J[}x|'C/C2+`dC?c}6hKw'yrJ\&xq%4h`E5{tD`KKa]e?Ck[U=o@c^8h/Qet#GD?9jU[5JP@!\|*8lqV17CS!K$t42)F]n. This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. Mr. Huffman was a joy to work with. The Sheriff will post a Notice to Vacate the property before enforcing the Writ of Possession. An Unlawful Detainer case is fast. Instead of writing certain information over and over, these forms will know where to put that information on the forms for you. The Sheriff can enforce this judgment. We have listed our most popular criminal record clearing services below. Monday - Thursday:8am-4pmFriday:8am-3:30pm, 1415 Truxtun Ave, Rm. We provide our specialized criminal expungement legal services throughout the entire state of California. 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 (661) 873-4415. he Covid rules are confusing and contradictory, and the courts appear to heavily favor the tenants. The registration application can be downloaded, completed and brought into the County Clerk's Office located at: Kern County Administrative Building 1115 Truxtun Avenue, 1st Floor Bakersfield, CA 93301 There is usually only one appearance per case. Fresh Start Law Center focuses exclusively on California record clearing laws, and is one of the few California law firms to do so.
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