Summary
If you dont respond to an unlawful detainer lawsuit in San Jose, California, the court may issue a default judgment against you within a week, leading to eviction within 15-20 days. The eviction process includes a 3-day notice to quit, filing an unlawful detainer, tenants response, court hearing, and sheriff enforcement. You can mention your disability in your response, which may affect the courts decision. For assistance, contact local pro bono legal services like Bay Area Legal Aid, Community Legal Services in East Palo Alto, or Legal Advocates for Children & Youth.Full Conversation
my house was sold to an HHA to prevent it from being sold at auction due to a judicial foreclosure. The new owners has given me cash for keys. But I’m not able to go still. What recourse do they have to have me move.
Hello Robert, the new owners may resort to the following options:
- Request a court order for eviction
- File a lawsuit for unlawful detainer
Please note that eviction laws vary by location. Could you please provide your location for more accurate information?
San Jose, California
In San Jose, California, the new owners can:
- File an unlawful detainer lawsuit.
- Request a court order for eviction.
Remember, California law requires giving you a written notice before proceeding. If needed, reach out to San Jose Superior Court.
What are the processes for eviction? I know they have to give a three day notice.
In San Jose, California, the eviction process typically follows these steps:
- The landlord provides a written notice.
- If the tenant doesn't leave, the landlord files an 'unlawful detainer' lawsuit.
- The court process unfolds, which could result in eviction.
- The sheriff enforces the eviction if the tenant doesn't move.
do you know the timelines for this?
In San Jose, California, the eviction process timeline is typically as follows:
- *-Day Notice to Quit (if applicable)
- Filing of Unlawful Detainer: 5 days
- Tenant's Response: 5 days
- Court Hearing: *-70 days
- Eviction by Sheriff: 5 days
Please note, these timelines can vary case by case.
if I don’t respond, what is the typical timelines for that?
In San Jose, California, if you don't respond to the 'unlawful detainer' lawsuit within 5 days of being served, the court may issue a default judgment against you. This could lead to eviction within * to 20 days.
.
If you don't respond to the unlawful detainer lawsuit, the court may issue a default judgment against you within a week. This could lead to eviction within *-20 days. However, these timelines can vary. It's important to consult a local attorney for accurate advice.
What is the process for responding?
In San Jose, California, to respond to an 'unlawful detainer' lawsuit:
- File an 'Answer' form in the court within 5 days of being served.
- Provide copies to the landlord.
- Attend all court hearings.
- Consult a local attorney for guidance.
Can I put in the answer that I am disabled, which is the reason why it is difficult for me to leave
Yes, you can mention your disability in the 'Answer' form. This could potentially affect the court's decision. However, it's best to consult with a local attorney to understand how to best present this information.
I’m trying to find a local Probono ATTORNEY to help me in case I
It's a great idea to seek legal advice. In San Jose, there are organizations that provide pro bono legal services. Would you like me to provide some recommendations?
Yes please
Sure, here are a few organizations in San Jose, California that provide pro bono legal services:
*. Bay Area Legal Aid: (*) *-*
*. Community Legal Services in East Palo Alto: (*) *-*
*. Legal Advocates for Children & Youth: (*) *-*
Please reach out to them for assistance.
.
That's great, Robert. Please do contact these organizations for assistance. If you have any more legal queries, feel free to ask. Remember, it's important to take action promptly in legal matters. Good luck.
Thank you. I will
You're welcome, Robert! If you have any more questions in the future, don't hesitate to ask. Best of luck with your situation.
TRY ME!
Start a new chat