Information Once Filed
My staff and I would like to thank you for choosing Fast Eviction Service to handle your Unlawful Detainer case.
This letter will provide you with important information about your Unlawful Detainer case that will help you better understand the eviction process and it’s terminology.
By the time you receive this letter, my office will have filed and attempted service on your tenant, also referred to as the Defendant. My staff should have quoted you an approximate length of time for an uncontested (when the Defendant does not respond) and contested (when the Defendant does respond) eviction. Please remember that due to the great slowdown with LA County going down to five filings courts, Orange County going directly to efiling only, and San Bernardino and San Diego Counties being consolidated, we can only give estimates on quotes for length of time as it is never exact.
Once the Summons and Complaint has been served to the Defendants, they will have a certain amount of time to respond to the Complaint depending on the type of service conducted. A personal service gives the Defendants 10 days to answer from the date they were served, subservice (an unknown/un-named occupant is served) is 15 days total, and if we have to obtain a posting order (which is when your tenant is dodging service and we have to have an order signed by the judge to post the property and is a $60 for you) it is 15 days from the date the order is signed by the judge.
If the Defendant fails to file an answer, the Request for Default is prepared and filed with the court. This requests includes a request for Judgment for possession as well as the Writ of Possession. A few courts allow this to be done over the counter but most courts can take as long as two weeks to process these documents.
If your tenant does file a response, which can include a Motion to Quash, Demurrer, any form of Exparte, or an answer, my staff will prepare the proper documents to quickly proceed with the Unlawful Detainer. If the Defendant just files an answer to the Complaint, a trial request will be prepared and filed with the court. It could take the court up to 15- 20 days to set the case for trial and an additional 15-21 days to go to trial. Once the case is set for trial, either one of my staff attorneys or myself will be contacting you to review the trial questions and discuss potential problems if necessary. Please note that a Defendant can also request for a trial by jury which is becoming a lot more prevalent. This is very costly to prepare for and could go into five or more days of trial if the case is not settled.
There are many tactics that Defendants can use to delay the case such as discovery. Defendants may send out Interrogatories, which are written questions you need to answer that pertain to information about your property management history. A tenant can also send out Request for Production of Documents requiring you to produce your rent accounting ledgers among other things. The Defendant can also file various motions to delay your case. The most popular is a Demurrer which states that there is some technical defect in the lawsuit. A Motion to Quash questions the service of the lawsuit. Finally, your tenant can file a bankruptcy which is very costly to you in time and money because we must file a motion in the Bankruptcy court seeking permission to go forward with your case. This can add up to an additional 20 days or more to your case.
Once a judgment is entered by either trial or default, the court will issue the Writ of Possession. Once again, few courts will allow us to do this over the counter however, many courts can take up to two weeks to issue the Writ. Once the Writ of Possession is issued, it is then forwarded to the Sheriff’s office, after my office verifies with you whether the property is still occupied. The Sheriff’s office will then post the property informing the occupant of the date they need to be out by and then set a time and date for you to personally meet them at the property to change the locks and take possession. This procedure takes about 15- 30 days from the date the Writ is received by the Sheriff’s office.
Please feel free to call every 10 days, from the date your case is filed, to get the most recent update on your case. We will also send you a fax or email update on your case every Friday if you have two or more open cases.
Once again, thank you for allowing my office to handle your Unlawful Detainer case. My office and I will work very hard to ensure that your case is handled as expeditiously as possible, keeping in mind that there are many circumstances that are beyond our control. Rest assured that we will do everything in our power to regain possession of your property as quickly as we can.
Very truly yours,
Fast Eviction Service