If Iam supposed to appearin small claims court for eviction matter but I am active duty military and cannot get evicted for 90 days, why do I even have to appear?

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If Iam supposed to appearin small claims court for eviction matter but I am active duty military and cannot get evicted for 90 days, why do I even have to appear?

Asked on January 10, 2012 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The reason you need to appear at the small claims matter is that the court does not know that you are in the militrary and that under certain federal statutes you cannot be be evicted for a certain period of time. If you fail to appear and advise the small claims court judge of this fact, you very well could have a default judgment and an order of eviction issued against you.

One issue I see is that the small claims court may not be authorized to hear unlawful detainer actions for eviction in your state of residence. In California, the small claims court cannot hear unlawful detainer matters.


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