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  1. #1
    Join Date
    Oct 2009
    Posts
    2

    Default Being Illegally Evicted

    My question involves an eviction in the state of: california

    I need legal advice!!! I just got home from 3 days out of town and found a 5 day notice from the sheriff. I was never served with any court paperwork just this! it says i have to be out by tuesday what do i do??? don't i get a day in court?? I can not move my ederly father, my children and my stuff in 3 days!!! This is crazy i need help!!!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Being Illegally Evicted

    Were you behind on your rent? Or had you been informed that you were otherwise in breach of your lease?

    Are you claiming that the landlord never served you with a 3 day notice (either to pay or quit, or to perform lease covenants or quit)? You were completely unaware that action was being taken against you? You were never served with the formal summons for the eviction proceedings?

    A five day notice is only served after your landlord has won his eviction action against you and has been granted a Writ of Possession. He needs to prove that you were served your 3 day notice, and proof of service of the formal summons for the eviction proceedings is required to be filed with the court before a Writ of Possession is granted.

    You need to avail yourself of the services of an attorney immediately. Failing that, you MUST vacate, or the sheriff will come and put you out at early as Wednesday morning.

  3. #3
    Join Date
    Oct 2009
    Posts
    2

    Default Re: Being Illegally Evicted

    No I was not served with a 3 day or a summons or any paperwork.. I am a single mom I can not afford an attorney. what can i do?

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Being Illegally Evicted

    Talk to an attorney anyway - first consultation is usually free, and many attorneys are generous with their time and able to point you to free or low cost help besides - usually Legal Aid or a tenants union.

    You'd do well to contact the Clerk of Courts, too, to see about getting a copy of the eviction file, to see when the notices were allegedly served.

    Your other options are vacate immediately, or wait for the sheriff to come and put you out. The former gives you the opportunity to at least find a place for your stuff - a friend or relative, perhaps? The latter leaves your belongings out at the curb for looters to pick over.

  5. #5
    Join Date
    Jul 2009
    Location
    Cinnaminson, New Jersey, United States
    Posts
    205

    Default Re: Being Illegally Evicted

    Yes, something is not lining up. As Missy says, the landlord must first be awarded a Writ or Possession.

    I would immediately go to the Courthouse Monday morning and ask to see all of the paperwork pertaining to the case.

    If you are stating the facts - that you had no prior knowledge of this eviction, you will unfortunately, still have to move out by the date on the 5 day or have your things moved for you by the sheriff. Once you can collect yourself, if you can prove that this was indeed an improper eviction, you will have one heck of a lawsuit.

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