This application requires JavaScript, which is currently disabled in your browser. It is important that you put your criminal expungement case in good hands that you can trust. 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. Abuse, Harassment & Restraining Orders Help. Take a default if the tenant fails to respond or go to trial if the tenant does respond, Post-judgment proceedings, such as appeal or removal of the tenant by the sheriff. For the most current news on the subject of how Covid-19 has impacted the subject of Unlawful Detainers, please clickhere. Professional process service of the initial notices. 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. . 2010-2023 Fresh Start Law Center, PC - A Professional Corporation. Their prices were reasonable and there service excellent. Look at the list of other places to get help below. 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. If you have any further questions, please contact the County Clerk's Office at (661) 868-3743. 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. 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. Barstow, CA 92311 We offer a huge variety of criminal expungement legal services to all Kern residents. If you are not represented by an attorney, you can represent yourself. #z< !B lj Z,adxq_{='UE5r|*h +Z434as6WVhxr The forms also contain instructions to help you fill them out. This link contains news and information for both landlords and tenants. If necessary, the registration period will be shortened to coincide with the date the bond expires. %PDF-1.5 endobj This material may not be published, broadcast, rewritten, or redistributed. 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 An unlawful detainer lawsuit is a suit brought by a landlord to obtain possession of the rented property and receive payment of back rent. INSTRUCTIONS TO SHERIFF OF THE COUNTY OF KERN Author: jacquez Created Date: 6/1/2018 7:52:59 AM . From San Diego to Humboldt County, we are here to help with your expungement needs. If the case goes to trial and the landlord is awarded judgment against you and for possession of the property, the landlord can then obtain a Writ of Possession. Temporary restrictions due to Covid-19 may hamper or delay an eviction. We do not, will not, and cannot represent you in court. 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. Filing an appeal does not automatically suspend or delay enforcement of the judgment. :Gg7 j &pP&&E(),o9V2dTy>opM,gFp^8}g_K"@R4ar Please click on the link below for the appropriate UDA packet. Get form UD-116 Effective: July 1, 2003 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. Accordingly, the Court recommends the action be REMANDED to Kern County Superior Court. The tenant is the defendant. Registration for Legal Document Assistant is required in every county where the service is supplied. 2iZ8.fg(gg1Syx{ 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. It mainly talks about who has the right to live at the property. A hearing and appearance is only needed if the tenants file an answer to the unlawful detainer. 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 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. This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. We have been forced to raise our eviction rates to $1,100 for the Summons, Complaint, and default and $85 for notice because of the multiple issues and problems that are beyond our control. Electronic filing of unlawful detainer case documents. However, in order to get that protection, the tenant needs to meet . Highly recommend Fresh Start Law Center to anyone needing this type of assistance. `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. There are packets available in English and Spanish, but please note that all court filings must be in English. 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. We specialize in clearing up your entire criminal record, and we provide discounted pricing for multiple expungement cases. 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 x=ks6][{&$9]l.4zlVxN"*|4Fw47oG_}Yh/M,U',R%,? They have moved to 400 Truxtun Ave #203, Bakersfield, CA 93301. (CCP 262) . An unlawful detainer lawsuit is a suit brought by a landlord to obtain possession of the rented property and receive payment of back rent. To be clear: LTAC is not able to provide you with legal advice only information. We are document service providers, not attorneys. 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. If they cannot work it out, they may end up in court. 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. This means the Sheriff can physically make the tenant leave. The Unlawful Detainer (eviction) lawsuit begins when the landlord gives a Notice of Termination to the tenant. 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. Some courts believe Yes means that the tenant is in temporary housing, and some believe that No means the tenant is in temporary housing. 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. 415.45 Page 1 of 2 For Optional Use CV-667 Rev. Mailing Address KCSO Civil Section P.O.Box 80786 Bakersfield, CA 93380 Email: Civil@kernsheriff.org Public Hours of Operation 8:00 a.m. - 5:00 p.m. Monday - Friday, excluding holidays 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. You dont have to suffer with a bad tenant. ComplaintUnlawful Detainer SummonsUnlawful DetainerEviction File these forms with the Court Clerk. We look forward to helping you get your life back on track in Kern County, and we truly appreciate you taking the time to consider our services. 17780 Arrow Boulevard, 2nd Floor If they cannot work it out, they may end up in court. An award for possession of property authorizes the landlord to evict you from the property. Keep a copy of all filed forms for yourself . BAKERSFIELD, Calif. (KGET) The Kern County Superior Court has announced changes for how unlawful detainer cases will be processed. 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. Landlords and tenants can have disagreements. Monetary damages may be recovered after control of the property is taken. 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. ~ A certified copy of the original bond must be submitted in each additional county in which you apply for registration. A valid photo identification issued by the government (established by a birth certificate, a drivers license or passport). Evictions in Delano are filed in the Delano courthouse at 1122 Jefferson Street, as are evictions in McFarland, Jasmin, Pond, Earlimart, and Richgrove. 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. 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. An Unlawful Detainer action is a special court proceeding. 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. -a1?@xK 1erIQMdzZ5I}KxDEkfUXVk~`Y2vXD@0fE;MXp6P~}KWpeZ;`i"`Er0J,g%awU#T5jf Mr. Huffman was a joy to work with. In general, the defendant cannot file a cross complaint (counter-sue). 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. 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. If the landlord wins the case, they will get a "judgment" and the tenant has to move out. Unlawful Detainer Assistant registration is required in each county where the services are performed. Evictions are generally filed in the closest courthouse to the location of the property. endobj Notice: This website is attorney advertisement and does not establish an attorney-client relationship, which is only formed once you have signed an engagement agreement. These can be burdensome and cause delays. BY POSTING FOR UNLAWFUL DETAINER Code Civ. 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. In order to obtain a fee waiver, you must file an Application for Waiver of Court Fees and Costs at the time you file your response. If the landlord wins the case, they will get a "judgment" and the tenant has to move out. A certified copy of the original bond must be submitted in each additional county in which you apply for registration. An Unlawful Detainer decides if the landlord can take the property back from the tenant. This section does not talk about everything a landlord and tenant may disagree about. It is against the law. In general, the defendant cannot file a cross complaint (counter-sue). 1 0 obj Home; About Us; Services. It is a legal way to evict someone from the place where they live or work. Arrive early as there is always a high demand for services. Management of eviction case all the way through sheriff lockout. This sometimes includes closely held corporations, such as a husband and wife L.L.C. You cannot evict someone yourself without going through the proper steps. Founding Attorney, Fresh Start Law Center. We prepare papers quickly and accurately, but this does not mean that there wont be problems. 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 If you are a defendant in an unlawful Detainer case, you may refer to the Evictions:Tenant page for more information. An Unlawful Detainer action is a special court proceeding. There are, therefore, multiple contradictory Covid notifications. We provide criminal expungement legal services to all the cities in Kern County, and pride ourselves on being one of the only law firms that concentrate exclusively on California record clearing laws. KERN COUNTY AUDITOR-CONTROLLER-COUNTY CLERK January 1, 2016 . Your IP: Felony expungement . We also offer expedited service in most counties. This website is using a security service to protect itself from online attacks. 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. Notice of Termination. 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. Only the Sheriff can evict someone. Expedited proceeding An Unlawful Detainer case is fast. Statements of Economic Interests (Form 700) for Designated Local Officers, Certificate of Authority for Admitted Sureties, Corporation or Partnership UDA Checklist & Application, Valid government issued photo identification. You must also pay a filing fee when you file the motion or stipulation. An Unlawful Detainer case is fast. % Fontana, CA 92335 In order to legally evict a tenant (remove and lock the tenant out of the property), the landlord must file an unlawful detainer lawsuit. KERN COUNTY AUDITOR-CONTROLLER-COUNTY CLERK January 1, 2016 . Eviction cases are called "Unlawful Detainer" cases. This link contains news and information for both landlords and tenants. Please click on the link below for the appropriate LDA packet. We can be reached by phone (661) 873-4415. 4 0 obj The courts fee schedule can be found here. Unlawful Detainer cases are complicated. An unlawful detainer is only for possession of the property, but not for recovery of monetary damages. We have listed our most popular criminal record clearing services below. You do not have to visit in order to get information you can always call them at (661) 610-6299 or email them at ltac@kern.courts.ca.gov. It is a legal way to evict someone from the place where they live or work. We can also provide the forms for you. Click to reveal stream This legal document authorizes the Sheriff to physically remove and lock you out of the property. 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. Do you have multiple cases? Kern Evictions We are Kern Eviction. Hours: Monday through Thursday from 8:00 am to 4:00 pm; Friday from 8:00 am to 2:00 pm 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. They did everything they promised, on time and with wonderful customer service. Between March 23 and April 6, defaults were delayed in processing due to a reduction in court services due to the COVID-19 pandemic. Evictions in Shafter and evictions in Wasco and Palmo are filed in the Shafter courthouse at 325 Central Valley Hwy. An unlawful detainer is only for possession of the property, but not for recovery of monetary damages. 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. 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. Call us now to get them out. The bond must cover the two-year registration period. 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 order says that those tenants should have 60 days to respond to an unlawful detainer (eviction) complaint, instead of the normal 5 court days. The person served must be given reasonable notice of the date and time of the trial. We are located in the historical Haberfelde Building at 1412 17th Street, Ste. I would highly recommend Fresh Start. These issues are completely beyond our control, and there is nothing we (or anyone else) can do to prevent these issues. 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. 5 Stars!!! 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. A Covid declaration is only required for evictions based on nonpayment of rent, but some courts are requiring Covid declarations for all evictions. The statutory Covid declaration has a date on the top of it reflecting when the moratorium was passed or extended. The court has issued a standing order which requires an Unlawful Detainer Supplemental Cover Sheet to be filed for any currently filed or new case in which a summons is requested or any currently filed case in which a default is requested. There is no trial if you do not file a written response to the unlawful detainer complaint. David Huffman and his team are top notch. That is why you may need an Unlawful Detainer. An original bond is required for . We can answer your questions about the law and procedures. "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 An original bond is required for the primary county in which you are applying for registration. In addition, the court may also enter a money judgment for the landlord and against the tenant. This generally includes McKittrick, Derby Acres, Valley Acres, New Cuyama, San Emidio, Lebec, and Maricopa. No matter how meritless the claims are, the court will still consider them. h]>=3|4xsR[(BHW?jS(]R16}4H]ce_\P++,|ph|5 T/\s>_bHW?u1hr9K,07Pm258dq Hl1dEXP?^Al/vyx,:J.EUt?vl'8 {sn=%gadUMz9T;(x)RPDk*;3wu4qro"'=NPhMd@G2@.,fMg&~:DD +u|@J8""O&:aCy(68)p%v,* {QPI&R&wgyCEBr7 Go`} 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. You should bring copies and the Court Clerk will conform them. It's that simple. If the landlord fails to appear for a scheduled trial, the court may dismiss the case without any further action. We cannot represent you in Court and we do not provide any legal advice. The Legal Document Assistant registration for an individual must be completed and submitted to the Kern County Clerk's office: Kern County Administrative Building 1115 Truxtun Avenue, 1st Floor Bakersfield, CA 93301 . I am very pleased! In order to legally evict a tenant (remove and lock the tenant out of the property), the landlord must file an unlawful detainer lawsuit. This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. Both parties have a right to request a jury trial. 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. The tenant is the defendant. To request a jury trial, the requesting party must file a document entitled Request for Setting. Additional, lost or stolen replacement cards are $10 each. Kern County, California Media Contact: Greater Bakersfield Legal Assistance, Inc. Staff Attorney Laura Matter lmatter@gbla.org . From the moment you sign up for one of our expungement services a knowledgeable attorney will begin working on your case and will there handling your case all the way until the end. Kern Evictions appears to be closed. The Sheriff will post a Notice to Vacate the property before enforcing the Writ of Possession. You must pay a filing fee when you file your written response, however, it is possible to obtain a waiver of this fee if you cannot afford to pay it. 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 will have to pay a fee or get a fee waiver. 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 We serve all locations in the county and prepare paperwork for evictions throughout California. This allows us to give our clients highly specialized legal assistance at the absolute lowest fixed prices (we guarantee our prices are the lowest). 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. 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. Additionally, we cannot guarantee results & past results do not guarantee future results. 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. Have each Defendant served with a copy of the filed forms. You can email the site owner to let them know you were blocked. 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. The landlord is the plaintiff. After the Sheriff posts the notice, you have 5 days to move. Inappropriate dress includes jeans, shorts or tank tops. _N )N^J0B; $~]J`^x?p''nbPj2+IO1})F58PxBp+ The bond cannot combine both a Legal Document Assistant and an Unlawful Detainer Assistant. 4yQF( An original bond is required for the primary county in which you are applying for registration. PJ6\Y1{n9{xRFR= Tell us what you think about the new website. A new form is required for all evictions, form UD-101. 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 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. If you are served with an unlawful detainer complaint, the complaint will show the court location where you should file your response. The landlord cancels the rental agreement by giving proper notice. 348, Bakersfield, CA 93301. These are some of the recent problems we have experienced. 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. Privacy Policy. Payments can be made here. We have seen every type of expungement case, and we specialize in this unique area of California law. endobj These are some of the recent problems we have experienced. Please enable JavaScript before you proceed. , Imperial County, Inyo County, Kern County, Kings County, Lake County, Lassen County, Alameda County, Alpine County, Amador County, Butte County, Calaveras . The subpoena must be personally served. Mandatory Electronic Filing (E-File) will be required for represented parties in all cases filed in Limited and Unlimited Civil, case types, including Family Law cases, Probate cases, cases related to California Environmental Quality Act (CEQA), Civil Writ petitions cases, and Unlawful Detainers. (CCP 262) . 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.
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