How do I file a response to an unlawful detainer?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do I file a response to an unlawful detainer?
I need to file an answer to delay for 30 days or so as I am moving into new apartment. I do not have a valid answer but need to file.
Asked on May 7, 2012 under Real Estate Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
In response to an unlawful detainer in CA, you can file an answer to the complaint (complaint is the lawsuit) or you can file a demurrer or you can file a motion to quash service of summons or you can file a motion to dismiss on the ground of inconvenient forum.
At the law library, look for answer to complaint in the index of Pleading and Practice. This will give you the general format for an answer. An answer to a complaint denies the allegations in the complaint. At the end of the answer is the verification which you sign and date under penalty of perjury. The verification attests to the veracity of your statements in the answer. File the answer with verification and an attached proof of service with the court and serve a copy by mail on the opposing party. You can use a court form proof of service or you can write your own. If you write your own proof of service, it just says that you are over 18 and the attached documents were sent via first class mail unless stated otherwise to _________ (name and address of opposing party) on ___________ (date). You sign and date the proof of service at the bottom. The date you sign should be the same as the date of mailing and the same date you file your documents with the court.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.