What to do if I was served a legal summons/citation for an eviction?

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What to do if I was served a legal summons/citation for an eviction?

I want to stay and make arrangements with the law group that is currently assigned to my case. I want to know what I have to fill out on the citation/summons form?

Asked on December 26, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the form directs you to respond (for example, to file an "Answer"), do what the form says--if you don't, you will lose by default (like forfeiting). If the form does not require a response, then make sure you show up for court--again, if you don't, you will lose by deault. If you have any questions about whether you need to respond othar than by going to court or how to respond, call the clerk's office for the landlord-tenant division of your court, if there is a separate clerk's office, or the main court clerk's office if not, and ask.

You can call the landlord's attorney at any time to try to enter into a payment plan to avoid eviction. Bear in mind that the landlord is not required to accept a plan--it is voluntary on his/her part, since he/she can hold out for payment in full. If you can come to an arrangment, make sure all the terms are exactly as you agreed to and are in writing; otherwise, you may not be able to enforce the agreement.


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