Eviction Defense Legal Steps

Summary

In California, you must be served a 3-day notice before an unlawful detainer lawsuit. You have 5 days to respond, including weekends. If you didnt receive a 3-day notice, it could be a defense and may invalidate the eviction process, requiring the new owners to start over. Court schedules can sometimes extend the hearing beyond 20 days. Disability can potentially affect the process, and you may request additional time under the ADA. Court filing fees for a response range from $225 to $435, and serving the plaintiff usually costs around $50. Consult a local attorney for precise advice and steps.

Full Conversation

I had to sell my home to prevent it from going into foreclosure and auction. The new owners gave me until March * to move out. Unfortunately, I am disabled and had no means to find a new home. I received the summons today for an unlawful detainer. They told me I have five days to respond. I did not get a three day notice before hand. There is also no trial date set. What recourse do I have?
Hello ****, I'm sorry to hear about your situation. To provide you with the most accurate information, could you please tell me which state you're located in? Laws regarding unlawful detainer cases can vary by state.
California
I'm sorry to hear about your situation, ****. Here are some general points about unlawful detainer laws in California:
- You must be served a *-day notice before an unlawful detainer lawsuit.
- You have 5 days to respond to the lawsuit.
- If you didn't receive a *-day notice, it could be a defense.
Please consult a local attorney for further assistance.
What usually happens after I respond to the summons?
After you respond to the summons in California:
- The court schedules a hearing within 20 days.
- You present your defense.
- If you win, you may stay. If you lose, you have to leave, typically within 5 days.
- Consult an attorney for more details.
I know at some point I will have to leave. Does a hearing sometimes go a little longer than 20 days due to court schedules.
Yes, ****, court schedules can sometimes lead to hearings being extended beyond the typical *-day timeline. However, this will depend on individual court circumstances. It is best to consult an attorney for precise information.
How could the The new owners is not serving me at three day notice to quit possibly affect the process.
If the new owners didn't serve you a *-day notice in California:
- They might have violated the process, serving as a potential defense for you.
- This could possibly delay the eviction process.
- Always consult a local attorney to understand your specific situation better.
They didn’t serve me. I’m home most days. I did not receive it from a processor, and it was not posted on my house or any mailing
If you didn't receive the *-day notice in California:
- You could use this as a defense.
- It may invalidate the eviction process.
- Seek legal advice for your specific circumstances.
Does invalidate mean that they have to start over?
Yes, ****, "invalidate" generally means that the current process may be deemed legally void. In this context, it might imply the new owners would need to start the eviction process again, but please consult a local attorney for precise advice.
I’m gonna be reaching out to some legal aid people Monday. I received the summons today, Saturday when does the five days start. Does it include weekends and what date do you think it would be due by?
In California, the *-day period to respond starts the day after you're served. It includes weekends, but if the last day falls on a weekend or holiday, you have until the next non-holiday weekday. Considering you were served on Saturday, the due date would be Thursday. Always consult a lawyer for precise advice.
Receiving the summons on a Saturday is detrimental to my time
I understand your concern, ****. Would you like information on how to request for an extension to respond to the summons in California?
Yes please
In California, to request an extension:
- File a Motion to Quash if the summons has errors.
- Or, request a Stay of Execution for more time.
- Consult a local attorney for precise steps.
Remember court approval is required for any extension.
Can I disability come to play?
In California, disability can potentially affect the process.
- You may request additional time due to disability under the Americans with Disabilities Act.
- It can also affect the eviction process if the property isn't accessible.

Please consult a local attorney for specific advice.
Can I also ask for accommodation due to the pricing of the process?
In California, you can potentially request for accommodations under the Americans with Disabilities Act (ADA). However, it's not typically related to pricing. It's best to consult a local attorney for specific advice and potential financial aid resources.
How much would the whole process cost me, including submitting my response and giving a copy to the plaintiffs. and how much does it
In California, court filing fees for a response to an unlawful detainer lawsuit can range from $* to $*. Serving the plaintiff usually costs around $*. However, fees can vary, so it's best to consult a local attorney or your local court's self-help center.
to request an extension
In California, to request an extension, you may:
- File a Motion to Quash if you believe there's an error in the summons.
- File an ex-parte application for a temporary stay.
- Request a Stay of Execution for more time.
Remember, court approval is required for any extension. Consult with a local attorney for specific steps.
OK thank thank you
You're welcome, ****! If you have any more questions in the future, don't hesitate to ask. Best of luck with your situation.