kern county unlawful detainer
The Unlawful Detainer (eviction) lawsuit begins when the landlord gives a Notice of Termination to the tenant. We are convenientlly located in Southern California which allows us to provider our full lineup of record clearing services to all residents in Kern. We also offer expedited service in most counties. We offer a huge variety of criminal expungement legal services to all Kern residents. For the most current news on the subject of how Covid-19 has impacted the subject of Unlawful Detainers, please clickhere. An Unlawful Detainer decides if the landlord can take the property back from the tenant. Evictions in Mojave are filed in the Mojave courthouse at 1773 State Highway 58 Business, as are Tehachapi evictions, California City evictions, Willow Springs evictions, and Rosamond evictions. 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. Please provide the court with sufficient notice of your need. An original bond is required for . An Unlawful Detainer action is a special court proceeding. Tenants and their lawyers sometimes make claims designed to delay and make the process more expensive and burdensome, such as claiming that the tenant was improperly served, the process server entered the house, the person serving was not properly licensed, the landlord refused to fix a leak, etc. 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. A valid photo identification issued by the government (established by a birth certificate, a drivers license or passport). Please enable JavaScript before you proceed. Get form UD-116 Effective: July 1, 2003 These are some of the recent problems we have experienced. Mailing Address KCSO Civil Section P.O.Box 80786 Bakersfield, CA 93380 Email: [email protected] Public Hours of Operation 8:00 a.m. - 5:00 p.m. Monday - Friday, excluding holidays Please enable JavaScript before you proceed. An unlawful detainer lawsuit is a suit brought by a landlord to obtain possession of the rented property and receive payment of back rent. This application requires JavaScript, which is currently disabled in your browser. It is a legal way to evict someone from the place where they live or work. It is a legal way to evict someone from the place where they live or work. If the landlord obtains a judgment against you, you will have to move. Professional process service of the initial notices. Evictions in Lake Isabella are filed in the Kern River courthouse at 7046 Lake Isabella Blvd., as are evictions for Wofford Heights, Kernville, Mountain Mesa, Weldon, and Bodfish. After you have filed your response to the landlords complaint in the clerks office and a Request for Setting is filed by the plaintiff, you will both be notified by mail of the time and place of the trial. Some courts have required that every notification be served. 171 Family Law Packets (If requested by mail, additional $1.00 charge with the exception of No Fee packets): Dissolution Summary Dissolution, Paternity, or Petition for Custody Domestic Violence 172 Probate Packets (If requested by mail, additional $1.00 charge with the exception of No Fee packets): Affidavit of Real Property of Small Value, The tenant is the defendant. You should bring copies and the Court Clerk will conform them. Notice of Termination. If you are in need of information on the subject of Landlord-Tenant issues, including free forms packets, you can visit the Kern County Law Librarys space in order to speak with the staff of the Landlord-Tenant Assistance Center. I would highly recommend Fresh Start. Inland County Legal Services Rancho Cucamonga: (909) 980-0982 800 . Look at the list of other places to get help below. The renter becomes a serious nuisance by disturbing other tenants and neighbors. 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. endobj It is important that you put your criminal expungement case in good hands that you can trust. Most courts allow a three day notice when the tenant is damaging the property. The court provides interpreters for unlawful detainer cases for parties who do not speak English or require a sign language interpreter. We do not, will not, and cannot represent you in court. The renter uses the property to do something illegal, such as sell drugs. We do pay the cost of electronic filing. Instead of writing certain information over and over, these forms will know where to put that information on the forms for you. 5 Stars!!! Hours: Monday through Thursday from 8:00 am to 4:00 pm; Friday from 8:00 am to 2:00 pm It is against the law. Statements of Economic Interests (Form 700) for Designated Local Officers, Certificate of Authority for Admitted Sureties, Corporation or Partnership LDA Checklist & Application. Website https://www.kerncounty.com Phone Number (661) 868-3140 Kern County Recent Unlawful Detainer Case Records ARB PINE BROOK, LLC VS ARMSTRONG Sincerely,David Huffman, Esq. You have 5 days from the date you were served to respond in writing to the landlords complaint and file your response with the court. Free Consultation (800) 916-1228. The cost of service of documents is heavily dependent location of the property and the difficulty serving the tenant, so costs vary greatly depending on the location of the property and the availability of process servers. 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. The landlord cancels the rental agreement by giving proper notice. You will be mailed a Clerks Notice of Trial informing you of the trial date. Legal Document Assistance throughout the county and state. It's that simple. Our low flat fee of $1,100 does not include significant payments to others, such as court filing fees, Sheriffs fees, process service, or attorney fees. Home; About Us; Services. The Notice will state the reason for the eviction (e.g., nonpayment of rent, lease violation) and may ask the tenant to fix the problem. pwpcCSC9QcUtg+"2*Z~%+}@"M [>54Nm\ J[}x|'C/C2+`dC?c}6hKw'yrJ\&xq%4h`E5{tD`KKa]e?Ck[U=o@c^8h/Qet#GD?9jU[5JP@!\|*8lqV17CS!K$t42)F]n. 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. If you have a friend willing to serve papers for you, we can give them instructions as to how to do it. This judgment allows the landlord to obtain possession of the property. 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. This sometimes includes closely held corporations, such as a husband and wife L.L.C. The judgment may include the landlords court costs and attorney fees plus any proven damages. The Sheriff can enforce this judgment. We cannot represent you in Court and we do not provide any legal advice. #z< !B lj Z,adxq_{='UE5r|*h +Z434as6WVhxr From San Diego to Humboldt County, we are here to help with your expungement needs. A certified copy of the original bond must be submitted in each additional county in which you apply for registration. This application requires JavaScript, which is currently disabled in your browser. (CCP 262) . You can have a trial 20 days after that. Visit The Kern County Superior Court Website, Metropolitan Division - Justice Building1215 Truxtun Avenue, Bakersfield, CA 93301, Metropolitan Division - Juvenile Justice Center2100 College Avenue, Bakersfield, CA 93305, East Division - Mojave Branch1773 Highway 58, Mojave, CA 93501, North Division - Shafter/Wasco Branch325 Central Valley Highway, Shafter, CA 93263, South Division - Arvin/Lamont Branch12022 Main Street, Lamont, CA 93241. <> A hearing and appearance is only needed if the tenants file an answer to the unlawful detainer. If the landlord wins the case, they will get a "judgment" and the tenant has to move out. INSTRUCTIONS TO SHERIFF OF THE COUNTY OF KERN Author: jacquez Created Date: 6/1/2018 7:52:59 AM . An original bond is required for the primary county in which you are applying for registration. We serve all 58 counties in California, including: Kern County - Early Probation Termination, Kern County - Certificate Of Rehabilitation. Additional, lost or stolen replacement cards are $10 each. . The bond cannot combine both a Legal Document Assistant and an Unlawful Detainer Assistant. :Gg7 Give Light and the People Will Find Their Own Way. 3 0 obj Local Kern County, California, expungement law firm is experienced in criminal record expungement, and ensures the lowest expungement prices in Kern County. The bond must cover the two-year registration period. Tenants and their lawyers sometimes ask for extensive discovery, such as the production of documents related to the case or answer to interrogatories (questions). We are a Kern County eviction service headquartered in Bakersfield, but we assist with evictions throughout California. Keep a copy of all filed forms for yourself . 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. Subsequent filings for default judgment trial setting and sheriff lockout, if necessary. We have seen every type of expungement case, and we specialize in this unique area of California law. _N )N^J0B; $~]J`^x?p''nbPj2+IO1})F58PxBp+ 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. An unlawful detainer complaint is required in California's law, is necessary to be served in person to the person who is being sued, however there are few cautions to this regulation. You can have a trial 20 days after that. They have moved to 400 Truxtun Ave #203, Bakersfield, CA 93301. Expedited proceeding An Unlawful Detainer case is fast. A copy of the supplemental cover sheet is available here. The subpoena must be personally served. : Kern County has the distinction of being the 13th largest county in California, and is located in California's Central Valley. We take pride in offering affordable pricing to our clients. 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. They did everything they promised, on time and with wonderful customer service. If necessary, the registration period will be shortened to coincide with the date the bond expires. Kern County, California Media Contact: Greater Bakersfield Legal Assistance, Inc. Staff Attorney Laura Matter [email protected] . Felony expungement . An eviction, known as an unlawful detainer in California, is the removal of a tenant from a rental property by the landlord. Evictions in Ridgecrest are filed in the Ridgecrest courthouse at 132 E Coso Avenue, as are evictions in China Lake, Indian Wells, and Inyokern. We are so sure that we have the lowest fixed prices for our expungement services that we guarantee it! <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> The two options are Yes and No. "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 INSTRUCTIONS TO SHERIFF OF THE COUNTY OF KERN Author: jacquez Created Date: 6/1/2018 7:52:59 AM . This means the Sheriff can physically make the tenant leave. Talk to a lawyer to make sure all your rights are protected and that everyone does what they are supposed to do. 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. All Rights Reserved. This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. KERN COUNTY AUDITOR-CONTROLLER-COUNTY CLERK January 1, 2016 . No problem. Additional, lost or stolen replacement cards are $10 each. Get form SUM-130 Effective: January 1, 2022 View SUM-130 SummonsUnlawful DetainerEviction form Go to How-to instructions for Eviction Go to Eviction Form Packets *,X&BzB Only the Sheriff can evict someone. An Unlawful Detainer action is a special court proceeding. BY POSTING FOR UNLAWFUL DETAINER Code Civ. We have listed our most popular criminal record clearing services below. 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. When you purchase a Fresh Start Law Center expungement service your case will be handled by a knowledgeable and experienced expungement attorney from start to finish. I am very pleased! If a tenant fails to appear for a scheduled trial, the court will proceed by default and may render a judgment for the landlord. Our location in Southern California put us very close to Kern and we are very familiar with the Kern County Superior Court system. Founding Attorney, Fresh Start Law Center. We require the bond to explicitly state the effective and expiration dates. We are document service providers, not attorneys. Abuse, Harassment & Restraining Orders Help. 7AUg^$1@_/@wAKY&e62&`pH!`)`S5p\"H ul1K#D$ ||4 @j%k6r&l =b An unlawful detainer lawsuit is a suit brought by a landlord to obtain possession of the rented property and receive payment of back rent. Kern County has multiple court locations. 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. According to the court, due to the . Unlawful Detainer Assistant registration is required in each county where the services are performed. 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. 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. 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. These issues are completely beyond our control, and there is nothing we (or anyone else) can do to prevent these issues. There are costs to subpoena each witness, including witnesses mileage to and from the trial location, and you must pay these costs. There is usually only one appearance per case. j &pP&&E(),o9V2dTy>opM,gFp^8}g_K"@R4ar Both parties have a right to request a jury trial. 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. Even if a tenant is months behind on the rent, the landlord cannot: To legally evict the tenant through the process of an Unlawful Detainer, the landlord has to: Serve the tenant with the appropriate written notice (there are several types of notice, and the one you serve on your tenant must be appropriate to your specific case circumstances), Wait for the time period in the notice to end, File an Unlawful Detainer action if the tenant does not do what the notice asks, Abuse, Harassment & Restraining Orders Help. Fresh Start Law Center focuses exclusively on California record clearing laws, and is one of the few California law firms to do so. Highly recommend Fresh Start Law Center to anyone needing this type of assistance. Please click on the link below for the appropriate UDA packet. 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. Their prices were reasonable and there service excellent. 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. To request a jury trial, the requesting party must file a document entitled Request for Setting. Between March 23 and April 6, defaults were delayed in processing due to a reduction in court services due to the COVID-19 pandemic. Provide some quick info, and one of our record clearing attorneys will reach out to you right away. To be clear: LTAC is not able to provide you with legal advice only information. Most of our expungement cases are completed in just 6-12 weeks, meaning you can quickly move forward with you life. Evictions are generally filed in the closest courthouse to the location of the property. This appears to be the proper procedure under the law, but several courts, without citing any authority, have required a fifteen day notice. Monetary damages may be recovered after control of the property is taken. The tenant is the defendant. On February 19, 2016 a 31-CL 10K Unlawful Detainer - Commercial - Civil Limited case was filed by County Of Kern, represented by Van Wyk, Brian M, against Grieves, Bruce, represented by in the jurisdiction of Kern County. 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. 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. You should bring the proof of service to court with you. ` An Unlawful Detainer action is a special court proceeding. 415.45 Page 1 of 2 For Optional Use CV-667 Rev. Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Los Angeles, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Mono, Monterey, Napa, Nevada, Orange, Placer, Plumas, Riverside, Sacramento, San Benito, San Bernardino, San Diego, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Ventura, Yolo and Yuba. 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 (CCP 262) . Fontana, CA 92335 +yZOOZ.r:Z:|,X?eHDDI^>~"*i54O?>=::Dj1d5 Answer - Unlawful Detainer Judicial Council Form UD-105 Request to Set Case for Trial (Unlawful Detainer) Judicial Council Form UD-150 Request for Entry of Default (Application to Enter Default) Judicial Council Form CIV-100 Declaration for Default Judgment by Court (Unlawful Detainer- Code Civ. Management of eviction case all the way through sheriff lockout. Tell us what you think about the new website. You must also pay a filing fee when you file the motion or stipulation. A certified copy of the original bond must be submitted in each additional county in which you apply for registration. Some courts require multiple attempts to serve all documents, including three day, fifteen day, thirty day, sixty day, and ninety day notices. Initial consultation with a registered Legal Document Assistant to ensure compliance with state and local filing requirements. 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. There is no reason to let your criminal history hold you back any longer, sign up today and forget your past and embrace your future. Disagreement has to be about the tenant moving out
