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. Professional preparation of unlawful detainer summons and complaint and supporting documents by Registered Legal Document Assistant. 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. 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. 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. 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. *,X&BzB x=ks6][{&$9]l.4zlVxN"*|4Fw47oG_}Yh/M,U',R%,? If the landlord wins the case, they will get a "judgment" and the tenant has to move out. We serve all locations in the county and prepare paperwork for evictions throughout California. <>>> It is a legal way to evict someone from the place where they live or work. Some courts require multiple attempts to serve all documents, including three day, fifteen day, thirty day, sixty day, and ninety day notices. An award for possession of property authorizes the landlord to evict you from the property. Call us now to get them out. 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. Proc., 585 (d)) (UD-116) Ask the court to win your eviction case as a landlord because the tenant didn't file an Answer (form UD-105) by the deadline. 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. The statutory Covid declaration has a date on the top of it reflecting when the moratorium was passed or extended. We also offer expedited service in most counties. Call Now Toll-Free 800-916-1228 100% FREE Attorney Consultation. Proc., 525(d)) Judicial Council Form UD-116 After the Sheriff posts the notice, you have 5 days to move. (CCP 262) . If necessary, the registration period will be shortened to coincide with the date the bond expires. Get form UD-116 Effective: July 1, 2003 You will be mailed a Clerks Notice of Trial informing you of the trial date. Fontana, CA 92335 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. 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. Both parties have a right to request a jury trial. Temporary restrictions due to Covid-19 may hamper or delay an eviction. The Unlawful Detainer (eviction) lawsuit begins when the landlord gives a Notice of Termination to the tenant. The courts fee schedule can be found here. Click to reveal This legal document authorizes the Sheriff to physically remove and lock you out of the property. 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. Please click on the link below for the appropriate UDA packet. . If you are not represented by an attorney, you can represent yourself. 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. Information packets are provided in English and Spanish, but please note that all filings in the Superior Court must be in English. 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. In most cases, no court appearances are necessary, but you can represent yourself at the court trial if needed. Eviction cases are called "Unlawful Detainer" cases. We require the bond to explicitly state the effective and expiration dates. <> Arrive early as there is always a high demand for services. This material may not be published, broadcast, rewritten, or redistributed. 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. Evictions in Shafter and evictions in Wasco and Palmo are filed in the Shafter courthouse at 325 Central Valley Hwy. The subpoena must be personally served. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. If you are a defendant in an unlawful Detainer case, you may refer to the Evictions:Tenant page for more information. Hours: Monday through Thursday from 8:00 am to 4:00 pm; Friday from 8:00 am to 2:00 pm . Two-year Legal Document Assistant bond in the amount of $25,000 or in lieu of a bond, you may deposit $25,000 in cash with the County Clerk. Subsequent filings for default judgment trial setting and sheriff lockout, if necessary. Initial consultation with a registered Legal Document Assistant to ensure compliance with state and local filing requirements. :Gg7 An Unlawful Detainer case is fast. h]>=3|4xsR[(BHW?jS(]R16}4H]ce_\P++,|ph|5 T/\s>_bHW?u1hr9K,07Pm258dq Hl1dEXP?^Al/vyx,:J.EUt?vl'8 {sn=%gadUMz9T;(x)RPDk*;3wu4qro"'=NPhMd@G2@.,fMg&~:DD +u|@J8""O&:aCy(68)p%v,* {QPI&R&wgyCEBr7 Go`} Kern Evictions appears to be closed. If necessary, the registration period will be shortened to coincide with the date the bond expires. While LTAC cannot fill out your forms for you, they can provide you with a general description of the process you will need to follow to lawfully evict a tenant. 235 E. Mountain View Street, Lower Level You should bring copies and the Court Clerk will conform them. pwpcCSC9QcUtg+"2*Z~%+}@"M [>54Nm\ J[}x|'C/C2+`dC?c}6hKw'yrJ\&xq%4h`E5{tD`KKa]e?Ck[U=o@c^8h/Qet#GD?9jU[5JP@!\|*8lqV17CS!K$t42)F]n. 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 Monetary damages may be recovered after control of the property is taken. After you print out your forms, stop by at one of our Resource Centers so we can talk about your case and your forms. Privacy Policy. +yZOOZ.r:Z:|,X?eHDDI^>~"*i54O?>=::Dj1d5 The tenant is the defendant. To request a jury trial, the requesting party must file a document entitled Request for Setting. 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 You dont have to suffer with a bad tenant. 301 Bakersfield, CA 93301 (661) 868-5320, Including library services & resources availble for use. 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. 2010-2023 Fresh Start Law Center, PC - A Professional Corporation. (661) 873-4415. he Covid rules are confusing and contradictory, and the courts appear to heavily favor the tenants. 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 allows us to give our clients highly specialized legal assistance at the absolute lowest fixed prices (we guarantee our prices are the lowest). 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. They did everything they promised, on time and with wonderful customer service. 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 we do not successfully expunge your criminal case, then you don't pay us. Management of eviction case all the way through sheriff lockout. We have seen every type of expungement case, and we specialize in this unique area of California law. The bond cannot combine both a Legal Document Assistant and an Unlawful Detainer Assistant. Toggle navigation MENU. This means the Sheriff can physically make the tenant leave. For example, which forms to complete and how to file them. This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. 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. Their prices were reasonable and there service excellent. I used them for two cases and they won both. I am very pleased! An original bond is required for the primary county in which you are applying for registration. KERN COUNTY AUDITOR-CONTROLLER-COUNTY CLERK January 1, 2016 . -a1?@xK 1erIQMdzZ5I}KxDEkfUXVk~`Y2vXD@0fE;MXp6P~}KWpeZ;`i"`Er0J,g%awU#T5jf If the landlord obtains a judgment against you, you will have to move. Fresh Start Law Center focuses exclusively on California record clearing laws, and is one of the few California law firms to do so. 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. Electronic filing of unlawful detainer case documents. 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. Highly recommend Fresh Start Law Center to anyone needing this type of assistance. This judgment allows the landlord to obtain possession of the property. There is usually only one appearance per case. 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 . We offer a huge variety of criminal expungement legal services to all Kern residents. 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. Unlawful Detainer Assistant registration is required in each county where the services are performed. A hearing and appearance is only needed if the tenants file an answer to the unlawful detainer. This link contains news and information for both landlords and tenants. Additionally, we cannot guarantee results & past results do not guarantee future results. These issues are completely beyond our control, and there is nothing we (or anyone else) can do to prevent these issues. 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. 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. A certified copy of the original bond must be submitted in each additional county in which you apply for registration. We have won thousands of criminal expungement cases for our clients in California. _N )N^J0B; $~]J`^x?p''nbPj2+IO1})F58PxBp+ Filing an appeal does not automatically suspend or delay enforcement of the judgment. We have listed our most popular criminal record clearing services below. These are some of the recent problems we have experienced. Usually, the defendant has 5 days to file a response. We require the bond to explicitly state the effective and expiration dates. We cannot represent you in Court and we do not provide any legal advice. This section does not talk about everything a landlord and tenant may disagree about. 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. 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. Disagreement has to be about the tenant moving out 17780 Arrow Boulevard, 2nd Floor An Unlawful Detainer case is fast. 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. 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. That is why you may need an Unlawful Detainer. All Rights Reserved. PJ6\Y1{n9{xRFR= Only the Sheriff can evict someone. We can be reached by phone (661) 873-4415. An Unlawful Detainer action is a special court proceeding. 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! For the most current news on the subject of how Covid-19 has impacted the subject of Unlawful Detainers, please clickhere. The landlord cancels the rental agreement by giving proper notice. 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 The Sheriffs cost for the eviction may be added to the judgment, which the landlord can collect from you. If a tenant fails to appear for a scheduled trial, the court will proceed by default and may render a judgment for the landlord. 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 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. 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. Felony expungement . endobj A landlord can generally evict a tenant if one or more of the following is true: The renter fails to pay rent on time. Please enable JavaScript before you proceed. If you have a friend willing to serve papers for you, we can give them instructions as to how to do it. Removal Jurisdiction 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. Abuse, Harassment & Restraining Orders Help. Home; About Us; Services. Cloudflare Ray ID: 7c0734b6ea5ca075 We are document service providers, not attorneys. Login. %PDF-1.5 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 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. 415.45 Page 1 of 2 For Optional Use CV-667 Rev. Instead of writing certain information over and over, these forms will know where to put that information on the forms for you. Emergency Rule 1 expired on September 1. `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. Free Consultation (800) 916-1228. You will have to pay a fee or get a fee waiver. This link contains news and information for both landlords and tenants. Local Kern County, California, expungement law firm is experienced in criminal record expungement, and ensures the lowest expungement prices in Kern County. 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. Tenants sometimes file motions, demurrers, or other pleadings that delay the eviction process, even if the pleadings are without merit. We take pride in offering affordable pricing to our clients. 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. Please click on the link below for the appropriate LDA packet. You must also pay a filing fee when you file the motion or stipulation. Registration for Legal Document Assistant is required in every county where the service is supplied. 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). 2 0 obj The application for Waiver for Court Fees and Costs form may be obtained from the clerks office. Copyright 2020 Scripps Media, Inc. All rights reserved. These are some of the recent problems we have experienced. Professional Process Service of initial court filing to all tenants, including prejudgment claim of right to possession. Look at the list of other places to get help below. 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 person served must be given reasonable notice of the date and time of the trial. 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 . The Sheriff will post a Notice to Vacate the property before enforcing the Writ of Possession. In order to legally evict a tenant (remove and lock the tenant out of the property), the landlord must file an unlawful detainer lawsuit. 3 0 obj We prepare papers quickly and accurately, but this does not mean that there wont be problems. An Unlawful Detainer action is a special court proceeding. 7/28/21 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): . Expedited proceeding An Unlawful Detainer case is fast. We offer a 100% money back guarantee on most of our services. An Unlawful Detainer action is a special court proceeding. Website https://www.kerncounty.com Phone Number (661) 868-3140 Kern County Recent Unlawful Detainer Case Records ARB PINE BROOK, LLC VS ARMSTRONG Proc. You can email the site owner to let them know you were blocked. Additional, lost or stolen replacement cards are $10 each. This website is using a security service to protect itself from online attacks. A Covid declaration is only required for evictions based on nonpayment of rent, but some courts are requiring Covid declarations for all evictions. 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. I would highly recommend Fresh Start. Monday - Thursday:8am-4pmFriday:8am-3:30pm, 1415 Truxtun Ave, Rm. Tenants and their lawyers sometimes ask for extensive discovery, such as the production of documents related to the case or answer to interrogatories (questions). It is a legal way to evict someone from the place where they live or work. Your IP: 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. 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. An Unlawful Detainer action is a special court proceeding. 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. Currently Kern County consists of 11 cities in total, and our record clearing services are available to everybody in all 11 cities. The bond cannot combine both a Legal Document Assistant and an Unlawful Detainer Assistant. 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. Kern County, California Media Contact: Greater Bakersfield Legal Assistance, Inc. Staff Attorney Laura Matter lmatter@gbla.org . Inappropriate dress includes jeans, shorts or tank tops. Landlords and tenants can have disagreements. We specialize in California criminal expungement law and have help clients all over the state of California. This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. Because an action for unlawful detainer arises under California law, the Court lacks subject matter jurisdiction over the complaint. There are costs to subpoena each witness, including witnesses mileage to and from the trial location, and you must pay these costs. In order to legally evict a tenant (remove and lock the tenant out of the property), the landlord must file an unlawful detainer lawsuit. A new form is required for all evictions, form UD-101. 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. It is important that you put your criminal expungement case in good hands that you can trust. BAKERSFIELD, Calif. (KGET) The Kern County Superior Court has announced changes for how unlawful detainer cases will be processed. 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. In addition, the court may also enter a money judgment for the landlord and against the tenant. The court provides interpreters for unlawful detainer cases for parties who do not speak English or require a sign language interpreter. 348, Bakersfield, CA 93301. 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,

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