Two-year Unlawful Detainer Assistant bond in the amount of $25,000 or in lieu of a bond, you may deposit $25,000 in cash with the County Clerk. Evictions are generally filed in the closest courthouse to the location of the property. The renter uses the property to do something illegal, such as sell drugs. On August 31, 2020, the California Legislature adopted Assembly Bill 3088, the COVID-19 Tenant Relief Act of 2020, which was adopted as urgency legislation with an effective date of September 2. INSTRUCTIONS TO SHERIFF OF THE COUNTY OF KERN Author: jacquez Created Date: 6/1/2018 7:52:59 AM . In order to legally evict a tenant (remove and lock the tenant out of the property), the landlord must file an unlawful detainer lawsuit. Get form UD-105 espaolGet form UD-105 in Spanish (Spanish) Effective: April 14, 2022 View UD-105 AnswerUnlawful Detainer form Go to How-to instructions for Eviction Go to This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. 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, If you have any further questions, please contact the County Clerk's Office at (661) 868-3743. All Rights Reserved. Removal Jurisdiction This application requires JavaScript, which is currently disabled in your browser. Kern Evictions We are Kern Eviction. This link contains news and information for both landlords and tenants. I would highly recommend Fresh Start. 2018 Superior Court of California, County of San Bernardino, All Rights Reserved |, Family Court Services Orientation Class Info, Local Emergency Rules Related to COVID-19, Online Form Preparation and Filing (TurboCourt), Court Case Information and Document Sales, How to Navigate San Bernardino Superior Court, San Bernardino Superior Court Rules of Practice, COVID-19: COURT OPERATIONS DURING THE COVID-19 PANDEMIC, Case Information and Document Sales Online, Resolving Your Unlawful Detainer (Eviction) Case, Make an Appointment for Limited Landlord/Tenant Filings, Make an Appointment for Unlimited Landlord/Tenant Filings, Motion for Continuance and a declaration showing a good reason for the continuance, Written Stipulation, (agreed to by both parties), along with a declaration showing a good reason for the continuance and an order, Bring any letters, documents, inspection reports, pictures, receipts or any other exhibits with you, Have at least three copies of all documents, an original for the court & a copy for the opposing party, Dress appropriately. Monetary damages may be recovered after control of the property is taken. 4 0 obj stream : Kern County has the distinction of being the 13th largest county in California, and is located in California's Central Valley. 5 Stars!!! Disagreement has to be about the tenant moving out 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. It is common for our clients to only pay our fee and the court filing fee, which is currently $240 for the initial lawsuit documents. These are some of the recent problems we have experienced. An eviction, known as an unlawful detainer in California, is the removal of a tenant from a rental property by the landlord. Call us now to get them out. Both parties have a right to request a jury trial. Unlawful Detainer - Kern County Law Library Unlawful Detainer For the most current news on the subject of how Covid-19 has impacted the subject of Unlawful Detainers, please click here . Free self help assistance is provided by the Court for both landlords and tenants. Payments can be made here. The party requesting a jury trial is responsible for the initial jury fees, which must be posted with the court 5 days before the trial date. 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. j &pP&&E(),o9V2dTy>opM,gFp^8}g_K"@R4ar -a1?@xK 1erIQMdzZ5I}KxDEkfUXVk~`Y2vXD@0fE;MXp6P~}KWpeZ;`i"`Er0J,g%awU#T5jf (661) 873-4415. he Covid rules are confusing and contradictory, and the courts appear to heavily favor the tenants. Temporary restrictions due to Covid-19 may hamper or delay an eviction. Please provide the court with sufficient notice of your need. 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. This generally includes McKittrick, Derby Acres, Valley Acres, New Cuyama, San Emidio, Lebec, and Maricopa. 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. An Unlawful Detainer action is a special court proceeding. Talk to a lawyer to make sure all your rights are protected and that everyone does what they are supposed to do. 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. This sometimes includes closely held corporations, such as a husband and wife L.L.C. The court provides interpreters for unlawful detainer cases for parties who do not speak English or require a sign language interpreter. We are convenientlly located in Southern California which allows us to provider our full lineup of record clearing services to all residents in Kern. The bond cannot combine both a Legal Document Assistant and an Unlawful Detainer Assistant. This website is using a security service to protect itself from online attacks. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> If the landlord files this document and does not request a jury trial, you have 5 days from the mailing date of the Request for Setting to file a Counter Request for Setting requesting a jury trial. 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. Additional, lost or stolen replacement cards are $10 each. You will be mailed a Clerks Notice of Trial informing you of the trial date. The Covid rules are confusing and contradictory, and the courts appear to heavily favor the tenants. Get form UD-116 Effective: July 1, 2003 In addition, the court may also enter a money judgment for the landlord and against the tenant. This application requires JavaScript, which is currently disabled in your browser. An Unlawful Detainer action is a special court proceeding. We are a Kern County eviction service headquartered in Bakersfield, but we assist with evictions throughout California. Your IP: 17780 Arrow Boulevard, 2nd Floor 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 An original bond is required for . If you are served with an unlawful detainer complaint, the complaint will show the court location where you should file your response. There are, therefore, multiple contradictory Covid notifications. `Superior Court, County of Kern - Beginning January 14, 2019, the Metropolitan Division of the Superior Court, County `of Kern only, has implemented a Shriver pilot project for Mandatory Settlement Conferences in all residential unlawful `detainer cases set for trial in the Metropolitan Division. 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. We can be reached by phone (661) 873-4415. In general, the defendant cannot file a cross complaint (counter-sue). Professional process service of the initial notices. Usually, the defendant has 5 days to file a response. A hearing and appearance is only needed if the tenants file an answer to the unlawful detainer. The Sheriff can enforce this judgment. A certified copy of the original bond must be submitted in each additional county in which you apply for registration. We know contract attorneys all over California. KERN COUNTY AUDITOR-CONTROLLER-COUNTY CLERK January 1, 2016 . ComplaintUnlawful Detainer SummonsUnlawful DetainerEviction File these forms with the Court Clerk. The Center is located at the Kern County Superior Court, Metropolitan Division, 1415 Truxtun Ave., in Bakersfield on the Third Floor. Kern County Administrative Office 1115 Truxtun Avenue, 5th Floor Bakersfield, CA 93301 Meaning of Name Edward Kern, cartographer for John C. Fremont's 1845 expedition. If you have any further questions, please contact the County Clerk's Office at (661) 868-3743. A landlord can generally evict a tenant if one or more of the following is true: The renter fails to pay rent on time. This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. If you fail to move within the 5 days, the Sheriff will physically remove you and turn over the possession of the property to the landlord. If you would feel more comfortable being represented by an attorney or you just dont want to go to court, we can introduce you to an experience eviction lawyer to represent you on a limited scope basis for a flat fee of around $500 per court appearance. The goal of the Center is to help unrepresented parties understand and prepare for court or, whenever possible, help landlords and tenants reach out-of-court settlements through mediation. Cloudflare Ray ID: 7c0734b6ea5ca075 "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 I used them for two cases and they won both. These issues are completely beyond our control, and there is nothing we (or anyone else) can do to prevent these issues. If they cannot work it out, they may end up in court. Highly recommend Fresh Start Law Center to anyone needing this type of assistance. They did everything they promised, on time and with wonderful customer service. 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. ComplaintUnlawful Detainer (UD-100) Starts an eviction case and tells the tenant all the issues the landlord wants to include in a judgment against them. ` Have each Defendant served with a copy of the filed forms. We require the bond to explicitly state the effective and expiration dates. Barstow, CA 92311 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. Some courts require multiple attempts to serve all documents, including three day, fifteen day, thirty day, sixty day, and ninety day notices. The Sheriffs cost for the eviction may be added to the judgment, which the landlord can collect from you. The statutory Covid declaration has a date on the top of it reflecting when the moratorium was passed or extended. Our location in Southern California put us very close to Kern and we are very familiar with the Kern County Superior Court system. The landlord is the plaintiff. Some courts have required that every notification be served. We also offer expedited service in most counties. To request a jury trial, the requesting party must file a document entitled Request for Setting. Tenants and their lawyers sometimes ask for extensive discovery, such as the production of documents related to the case or answer to interrogatories (questions). Felony expungement . There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. The order says that those tenants should have 60 days to respond to an unlawful detainer (eviction) complaint, instead of the normal 5 court days. We prepare papers quickly and accurately, but this does not mean that there wont be problems. Monday - Thursday:8am-4pmFriday:8am-3:30pm, 1415 Truxtun Ave, Rm. 1 0 obj . A copy of the supplemental cover sheet is available here. There are packets available in English and Spanish, but please note that all court filings must be in English. A certified copy of the original bond must be submitted in each additional county in which you apply for registration. x=ks6][{&$9]l.4zlVxN"*|4Fw47oG_}Yh/M,U',R%,? Get form UD-100 Effective: September 1, 2020 View UD-100 ComplaintUnlawful Detainer form Go to How-to instructions for Eviction Go to Eviction Form Packets Subsequent filings for default judgment trial setting and sheriff lockout, if necessary. An unlawful detainer lawsuit is a suit brought by a landlord to obtain possession of the rented property and receive payment of back rent. We offer many criminal record clearing services that once successful will allow you to approach job interviews with resolve and honesty. _N )N^J0B; $~]J`^x?p''nbPj2+IO1})F58PxBp+ <>>> If a tenant fails to appear for a scheduled trial, the court will proceed by default and may render a judgment for the landlord. The tenant is the defendant. AnswerUnlawful Detainer (UD-105) Tell the court and the landlord your responses to the Complaint and things you want to ask for as a tenant in an eviction case. Monetary damages may be recovered after control of the property is taken. pwpcCSC9QcUtg+"2*Z~%+}@"M [>54Nm\ J[}x|'C/C2+`dC?c}6hKw'yrJ\&xq%4h`E5{tD`KKa]e?Ck[U=o@c^8h/Qet#GD?9jU[5JP@!\|*8lqV17CS!K$t42)F]n. 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. Copyright 2020 Scripps Media, Inc. All rights reserved. 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. 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. Kern County has multiple court locations. endobj You can email the site owner to let them know you were blocked. An award for possession of property authorizes the landlord to evict you from the property. We can also provide the forms for you. If we do not successfully expunge your criminal case, then you don't pay us. Totally reliable and well worth the money. Tri-Star Evictions or TriStar Evictions- They used to be in the same building as us but on a different floor, but they have moved to 6077 Coffee Rd, Ste 4 PMB 94, Bakersfield, CA 93308, Divorce City or Divorce City 911 They used to be in the same building as us but on a different floor. The fact is that a good majority of private employers in Kern County are conducting criminal background checks on applicants today, making it extremely difficult to find a job if you have a criminal record. (CCP 262) . Website https://www.kerncounty.com Phone Number (661) 868-3140 Kern County Recent Unlawful Detainer Case Records ARB PINE BROOK, LLC VS ARMSTRONG An unlawful detainer lawsuit is a suit brought by a landlord to obtain possession of the rented property and receive payment of back rent. An unlawful detainer is only for possession of the property, but not for recovery of monetary damages. The bond cannot combine both a Legal Document Assistant and an Unlawful Detainer Assistant. 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. I am very pleased! Fontana, CA 92335 We take pride in offering affordable pricing to our clients. Some courts believe Yes means that the tenant is in temporary housing, and some believe that No means the tenant is in temporary housing. Sincerely,David Huffman, Esq. An original bond is required for the primary county in which you are applying for registration. 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. Kern County, California Media Contact: Greater Bakersfield Legal Assistance, Inc. Staff Attorney Laura Matter lmatter@gbla.org . The judgment may include the landlords court costs and attorney fees plus any proven damages. Kern County is located in the Central Valley and although it is best know for the city of Bakersfield, there are 10 other cities that make up the county. No problem. This section does not talk about everything a landlord and tenant may disagree about. The two options are Yes and No. endobj The court may enter a default judgment in favor of the landlord and issue a Writ of Possession after the 5th day if you fail to file your written response with the court. This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. This means the Sheriff can physically make the tenant leave. There are firms throughout the state that specialize in delaying evictions, and Nolo even publishes an article entitled, How to Delay an Eviction in California Heres what you can do to postpone your eviction, or maybe stop it altogether.. Abuse, Harassment & Restraining Orders Help. We serve all 58 counties in California, including: Kern County - Early Probation Termination, Kern County - Certificate Of Rehabilitation. Using these smart forms can save you time and frustration. Hours: Monday through Thursday from 8:00 am to 4:00 pm; Friday from 8:00 am to 2:00 pm They have moved to 400 Truxtun Ave #203, Bakersfield, CA 93301. LTAC provides sample Notices, free premade packets to initiate an Unlawful Detainer lawsuit, and general information about the process of evicting a tenant in California. We have won thousands of criminal expungement cases for our clients in California. To be clear: LTAC is not able to provide you with legal advice only information. An Unlawful Detainer action is a special court proceeding. We prepare papers quickly and accurately, but this does not mean that there wont be problems. Because an action for unlawful detainer arises under California law, the Court lacks subject matter jurisdiction over the complaint. For the most current news on the subject of how Covid-19 has impacted the subject of Unlawful Detainers, please clickhere. Kern Evictions appears to be closed. We have listed our most popular criminal record clearing services below. It is against the law. Arrive early as there is always a high demand for services. The bond cannot combine both a Legal Document Assistant and an Unlawful Detainer Assistant. If you have a friend willing to serve papers for you, we can give them instructions as to how to do it. This default judgment allows the landlord to obtain possession of the property. <> Unlawful Detainer cases are complicated. We are so sure that we have the lowest fixed prices for our expungement services that we guarantee it! It is important that you put your criminal expungement case in good hands that you can trust. Their prices were reasonable and there service excellent. Superior Court of Kern - Ridgecrest Branch Address: 132 East Coso Ave, Ridgecrest, CA 93555, United States Phone: (760) 384-5900 Matters Served: CIVIL-LIMITED SMALL CLAIMS UNLAWFUL DETAINER (EVICTION) CRIMINAL-FELONY & MISDEMEANOR FAMILY LAW REVENUE RECOVERY TRAFFIC Superior Court of Kern - Shafter Branch 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. An original bond is required for the primary county in which you are applying for registration. Performance & security by Cloudflare. Click to reveal To change your trial date, you need to file one of the following: The paperwork must be filed as soon as the need for a continuance is known. David Huffman and his team are top notch. The bond must cover the two-year registration period. If you are not represented by an attorney, you can represent yourself. This judgment allows the landlord to obtain possession of the property. An Unlawful Detainer case is fast. Expedited proceeding An Unlawful Detainer case is fast. Give Light and the People Will Find Their Own Way. We specialize in clearing up your entire criminal record, and we provide discounted pricing for multiple expungement cases. This material may not be published, broadcast, rewritten, or redistributed. 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. 348, Bakersfield, CA 93301. 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 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, Supporting educational documentation as required, Filing fee of $182 (cash, credit card, money order, or check) payable to the Kern County Clerk. Landlords and tenants can have disagreements. 235 E. Mountain View Street, Lower Level According to the court, due to the . Please click on the link below for the appropriate UDA packet. The tenant is the defendant. Evictions in Shafter and evictions in Wasco and Palmo are filed in the Shafter courthouse at 325 Central Valley Hwy. Unlawful Detainer Assistant registration is required in each county where the services are performed. 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. 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. Fresh Start Law Center focuses exclusively on California record clearing laws, and is one of the few California law firms to do so. Mr. Huffman was a joy to work with. Registration for Legal Document Assistant is required in every county where the service is supplied. If the landlord wins the case, they will get a "judgment" and the tenant has to move out. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. California Courts | Self Help Guide Declaration for Default Judgment by Court (Unlawful DetainerCiv. The Sheriff will post a Notice to Vacate the property before enforcing the Writ of Possession. The action you just performed triggered the security solution. SUMMONS & COMPLAINT - UNLAWFUL DETAINER The Sheriff must have original instructions signed by the attorney of record or the plaintiff if he/she has no attorney. An Unlawful Detainer decides if the landlord can take the property back from the tenant. No matter how meritless the claims are, the court will still consider them. Our focus in California record clearing laws not only allows us to provide top notch legal services, but to provide these expungement services at the absolute lowest fixed prices - we guarantee that our prices are the lowest! Evictions in Delano are filed in the Delano courthouse at 1122 Jefferson Street, as are evictions in McFarland, Jasmin, Pond, Earlimart, and Richgrove. % If you are a defendant in an unlawful Detainer case, you may refer to the Evictions:Tenant page for more information. Two-year Legal Document Assistant bond in the amount of $25,000 or in lieu of a bond, you may deposit $25,000 in cash with the County Clerk. We do pay the cost of electronic filing. You should bring copies and the Court Clerk will conform them. We cannot represent you in Court and we do not provide any legal advice. Instead of writing certain information over and over, these forms will know where to put that information on the forms for you. Landlord Tenant (Unlawful Detainer) Information, Informacin de Desalojo (Retencin Ilcita). If they cannot work it out, they may end up in court. Arrive early as there is always a high demand for services. Filing an appeal does not automatically suspend or delay enforcement of the judgment. After you print out your forms, stop by at one of our Resource Centers so we can talk about your case and your forms. Proc. If the landlord obtains a judgment against you, you will have to move. Do you have multiple cases? It is a legal way to evict someone from the place where they live or work. Some courts allow a property manager to evict a tenant, but others require an attorney to appear if the property is owned by a corporation. 2iZ8.fg(gg1Syx{ We can answer your questions about the law and procedures. This appears to be the proper procedure under the law, but several courts, without citing any authority, have required a fifteen day notice. Tell us what you think about the new website. We provide our specialized criminal expungement legal services throughout the entire state of California. 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. Most courts allow a three day notice when the tenant is damaging the property. 301 Bakersfield, CA 93301 (661) 868-5320, Including library services & resources availble for use. You can click on the service that is most applicable to your situation and you will be taken to a main informational page wherein you can learn more about the service. That is why you may need an Unlawful Detainer. 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. 7AUg^$1@_/@wAKY&e62&`pH!`)`S5p\"H ul1K#D$ ||4 @j%k6r&l =b They can also provide some general information about the procedures you must follow to participate in your case, and inform you of important deadlines for filing you should keep in mind. 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. Fees for limited civil unlawful detainer cases and cases filed by assignees in courts with local courthouse construction surcharges 13 These amounts incorporate the additional $15 fee under CCP 1161.2 charged to plaintiffs in limited civil unlawful detainer cases. If the landlord wins the case, they will get a "judgment" and the tenant has to move out. Call Now Toll-Free 800-916-1228 100% FREE Attorney Consultation. This means the Sheriff can physically make the tenant leave. While Landlord-Tenant Assistance Center cannot fill out your paperwork for you, they can provide you with a free, premade packet of the necessary forms you need to respond to a lawsuit for Unlawful Detainer (eviction). We specialize in California criminal expungement law and have help clients all over the state of California.
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