California Eviction Service

Serving selected areas of San Bernardino  county since 1980


 3,  30, or 60 Day Notice
The first step in an eviction is to have the tenant served with the appropriate notice. In most eviction cases the reason is for non-payment of rent and for this a 3 Day Notice to Pay Rent or Quit is given. A 30 or 60 Day Notice to Quit is used in cases where the rent is being paid however the owner no longer wants to rent to a particular tenant. These can only be used if the tenant had rented on a month-to-month basis. A 30 Day Notice is used for tenants who have lived in the residence for less than one year. Tenants must be given 60 Day Notice to Quit if they have resided in the premises for over one year. Both of these notices should be done on standard forms and served in the manner prescribed by law.

Summons and Complaint - Unlawful Detainer
Once the time period has expired and the tenants have failed to comply with the requirements of the notice, an Unlawful Detainer may be filed. These forms must be prepared and filed in the Judicial District that presides over your property area. After the Court has filed the documents and assigned a case number, a copy of the papers must be served to the tenant.

The tenant is allowed five days to file a written response with the Court after he or she is personally served. If the copy is left with anyone other than the named tenant an additional 10 days is allowed.

Judgment By Default
If no response is filed by the tenant a default Judgment may be requested. In most cases the owner will not have to appear at Court.  The quickest procedure is to ask the Court for an order that the tenant has to vacate only.
This takes less time because it can be signed by a Court Clerk.

Money Judgments for past due rent owed must be signed by a Judge.
A separate request for this can still be done after the tenant has vacated.

Judgment By Trial
If the tenant answers within the time allowed a trial date must be requested. A Court appearance will be required. Trial dates are usually between 10 to 20 days from when a request is filed. 

Most owners are able to represent themselves in Court. However if you feel hesitant about appearing by yourself an attorney can be scheduled to appear with you. You may choose your own attorney or we have a referral service.

At the time of the Trial the Judge will normally order  that the tenant has to vacate the premises.  If you want to have a money judgment ordered against  the tenant it must be done at this time.  The Judge will usually award past due rent through the date of the Trial and court costs.

Obtain Possession
After a Judgment has been ordered, the Court Clerk can process the final papers. This form is called a Writ of Execution. This is served by the Sheriff's office and it informs the tenant that he or she has five days in which to vacate the premises. The Sheriff will then schedule a date and time to meet the owner at the property and physically remove the tenants if necessary. The Sheriff will not remove the tenants belongings. Tenants have 15 days to make arrangements to pick up their belongings. After that time the owner may dispose of the items if their total value is under $300. If the value is over $300, the owner must follow additional disposal procedures.

Judgment for Money
If only a Judgment by Default had been done previously, the owner may re-file papers to ask the Court to now order a money judgment. This is done after the tenant has been evicted. Past due rent may be requested through the date of eviction and partial Court costs. Usually this can be done without the owner having to appear at Court. 

Judgments are collectable for ten years. They may be renewed for an additional ten years however this must be done before the ten years has expired.

Collecting the Judgment
This is usually done by having the Sheriff's office attach the tenants wages or bank account. Most owners are unaware that although the Court will award Judgment for past due rent and Court costs, at no time do they guarantee that this money will ever be collected, and in fact the majority of owners to not ever collect their Judgments.

If it is not known where the tenant is employed or banks, they may be served with an Order for Appearance of Judgment Debtor. This will require the tenant  to appear at the Courthouse and you may ask him questions as to collecting the amount. You must however know where the tenant has moved to so that you may have him personally served.

An Abstract of Judgment may be filed against the  tenant. This is filed with the County Recorder. This paper will usually prevent the tenant from either buying or selling any real property within that particular county until the Judgment amount had been paid.

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