Unlawful Detainer Response Options

Summary

In California, you typically have 5 days to respond to an Unlawful Detainer. If served by mail, you get extra days. After default, file a Motion to Set Aside Default. You can also request a Stay of Execution to delay eviction up to 40 days in extreme cases. Consult legal aid for guidance.

Full Conversation

We got an unlawful detainer served through the mail and the proof of service is dated Jan *. We should have had until Feb 2nd to file an answer, but when we went to the courthouse they wouldnt accept it because the default was already accepted the day prior. Is there anything i can do to get my answer accepted and the default dropped
Hi ****, could you please confirm in which state you're facing this issue? The laws vary across different states.
California
Hello ****, in California:
- You typically have 5 days after receiving the Unlawful Detainer to respond.
- After default, you can file a Motion to Set Aside Default.
- It's advisable to seek legal help. Can I provide you the contact details of the nearest court?
But we were served in the mail
Hello ****, serving an Unlawful Detainer through mail is allowed in California. However, you're supposed to get extra days to respond. You could argue this in your Motion to Set Aside Default. Would you like contact information for legal aid in California?
Is there anyway to postone a 5 day eviction
Hello ****, in California, you may request a Stay of Execution. This can delay eviction up to 40 days. However, this is usually granted in extreme circumstances. It's recommended to consult with a legal aid organization.