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. Do you have multiple cases? Please enable JavaScript before you proceed. There is no trial if you do not file a written response to the unlawful detainer complaint. Eviction cases are called "Unlawful Detainer" cases. If we do not successfully expunge your criminal case, then you don't pay us. Expedited proceeding An Unlawful Detainer case is fast. An Unlawful Detainer decides if the landlord can take the property back from the tenant. Registration for Legal Document Assistant is required in every county where the service is supplied. The bond must cover the two-year registration period. You should bring copies and the Court Clerk will conform them. This default judgment allows the landlord to obtain possession of the property. This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. A landlord can generally evict a tenant if one or more of the following is true: The renter fails to pay rent on time. Click to reveal Using these smart forms can save you time and frustration. Mr. Huffman was a joy to work with. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. In general, the defendant cannot file a cross complaint (counter-sue). If necessary, the registration period will be shortened to coincide with the date the bond expires. 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. In most cases, no court appearances are necessary, but you can represent yourself at the court trial if needed. It is a legal way to evict someone from the place where they live or work. The renter damages the property, such as breaking out windows. 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. 348, Bakersfield, CA 93301. Evictions in Ridgecrest are filed in the Ridgecrest courthouse at 132 E Coso Avenue, as are evictions in China Lake, Indian Wells, and Inyokern. %PDF-1.5 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 The renter uses the property to do something illegal, such as sell drugs. We are so sure that we have the lowest fixed prices for our expungement services that we guarantee it! 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. Additional, lost or stolen replacement cards are $10 each. It mainly talks about who has the right to live at the property. Hare is a list of the 11 cities in Kern that we serve: Bakersfield (County seat), Delano, Arvin, McFarland, Ridgecrest, Shafter, Tehachapi, Wasco, California City, Maricopa, and Taft. Free Consultation (800) 916-1228. 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 Due to a new state law placing a moratorium on evictions through Jan. 31 due to COVID-19, the Superior Court says it must now have case information allowing it to screen and process cases involving a summons or default in an unlawful detainer. A copy of the supplemental cover sheet is available here. 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. You can have a trial 20 days after that. % They did everything they promised, on time and with wonderful customer service. Keep a copy of all filed forms for yourself . We prepare papers quickly and accurately, but this does not mean that there wont be problems. This means the Sheriff can physically make the tenant leave. Filing an appeal does not automatically suspend or delay enforcement of the judgment. If the landlord fails to appear for a scheduled trial, the court may dismiss the case without any further action. Abuse, Harassment & Restraining Orders Help. To be clear: LTAC is not able to provide you with legal advice only information. 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, No problem. 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. California Courts | Self Help Guide Declaration for Default Judgment by Court (Unlawful DetainerCiv. Proc. -a1?@xK 1erIQMdzZ5I}KxDEkfUXVk~`Y2vXD@0fE;MXp6P~}KWpeZ;`i"`Er0J,g%awU#T5jf Landlords and tenants can have disagreements. An original bond is required for the primary county in which you are applying for registration. An original bond is required for . These are some of the recent problems we have experienced. Most courts allow a three day notice when the tenant is damaging the property. 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. Evictions in Shafter and evictions in Wasco and Palmo are filed in the Shafter courthouse at 325 Central Valley Hwy. 4yQF( The court provides interpreters for unlawful detainer cases for parties who do not speak English or require a sign language interpreter. An Unlawful Detainer decides if the landlord can take the property back from the tenant. <> Please enable JavaScript before you proceed. 7/28/21 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): . These issues are completely beyond our control, and there is nothing we (or anyone else) can do to prevent these issues. I. The landlord is the plaintiff. We are document service providers, not attorneys. If they cannot work it out, they may end up in court. We require the bond to explicitly state the effective and expiration dates. This link contains news and information for both landlords and tenants. Evictions in Lamont are filed in the Lamont courthouse at 12022 Main Street, as are Taft evictions and areas around Taft because the Taft courthouse is currently closed. `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. The Covid rules are confusing and contradictory, and the courts appear to heavily favor the tenants. You should bring the proof of service to court with you. 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. Arrive early as there is always a high demand for services. Professional Process Service of initial court filing to all tenants, including prejudgment claim of right to possession. 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. Professional preparation of unlawful detainer summons and complaint and supporting documents by Registered Legal Document Assistant. KERN COUNTY AUDITOR-CONTROLLER-COUNTY CLERK January 1, 2016 . The Sheriff can enforce this judgment. If you have any further questions, please contact the County Clerk's Office at (661) 868-3743. If the landlord wins the case, they will get a "judgment" and the tenant has to move out. . 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. You will be mailed a Clerks Notice of Trial informing you of the trial date. Currently Kern County consists of 11 cities in total, and our record clearing services are available to everybody in all 11 cities. The renter becomes a serious nuisance by disturbing other tenants and neighbors. An Unlawful Detainer case is fast. 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. 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. The application for Waiver for Court Fees and Costs form may be obtained from the clerks office. 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. An original bond is required for the primary county in which you are applying for registration. We can also provide the forms for you. 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. If you are a defendant in an unlawful Detainer case, you may refer to the Evictions:Tenant page for more information. Tenants and their lawyers sometimes ask for extensive discovery, such as the production of documents related to the case or answer to interrogatories (questions). 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. We do pay the cost of electronic filing. This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. Between March 23 and April 6, defaults were delayed in processing due to a reduction in court services due to the COVID-19 pandemic. We specialize in California criminal expungement law and have help clients all over the state of California. These can be burdensome and cause delays. Legal Document Assistance throughout the county and state. 103.190.54.21 Hours: Monday through Thursday from 8:00 am to 4:00 pm; Friday from 8:00 am to 2:00 pm The two options are Yes and No. Arrive early as there is always a high demand for services. We have seen every type of expungement case, and we specialize in this unique area of California law. A certified copy of the original bond must be submitted in each additional county in which you apply for registration. 3 0 obj <> We do not, will not, and cannot represent you in court. From San Diego to Humboldt County, we are here to help with your expungement needs. 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. 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. It is against the law. The renter breaks the lease or rental agreement and will not fix the problem like leaving trash in the yard, or failing to keep the water turned on. This judgment allows the landlord to obtain possession of the property. An Unlawful Detainer action is a special court proceeding. Provide some quick info, and one of our record clearing attorneys will reach out to you right away. The forms also contain instructions to help you fill them out. 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. You may refer to the Evictions:Landlord page for more information. Information packets are provided in English and Spanish, but please note that all filings in the Superior Court must be in English. SUMMONS & COMPLAINT - UNLAWFUL DETAINER The Sheriff must have original instructions signed by the attorney of record or the plaintiff if he/she has no attorney. stream An Unlawful Detainer action is a special court proceeding. The courts fee schedule can be found here. Effective April 6, the Judicial Council adopted Emergency Rule 1, which prohibited the court from issuing summons or processing defaults in unlawful detainer cases with limited exceptions. endobj Evictions are generally filed in the closest courthouse to the location of the property. This means the Sheriff can physically make the tenant leave. "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 Tenants and their lawyers sometimes make claims designed to delay and make the process more expensive and burdensome, such as claiming that the tenant was improperly served, the process server entered the house, the person serving was not properly licensed, the landlord refused to fix a leak, etc. 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. If the landlord wins the case, they will get a "judgment" and the tenant has to move out. Statements of Economic Interests (Form 700) for Designated Local Officers, Certificate of Authority for Admitted Sureties, Corporation or Partnership LDA Checklist & Application. 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. Subsequent filings for default judgment trial setting and sheriff lockout, if necessary. 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 are costs to subpoena each witness, including witnesses mileage to and from the trial location, and you must pay these costs. 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. 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 . If you have any further questions, please contact the County Clerk's Office at (661) 868-3743. 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. This allows us to give our clients highly specialized legal assistance at the absolute lowest fixed prices (we guarantee our prices are the lowest). Additional, lost or stolen replacement cards are $10 each. 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. 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. Their prices were reasonable and there service excellent. 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. The Sheriff can enforce this judgment. 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`} Monetary damages may be recovered after control of the property is taken. There are packets available in English and Spanish, but please note that all court filings must be in English. Call Now Toll-Free 800-916-1228 100% FREE Attorney Consultation. This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. 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 We also offer expedited service in most counties. 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. Both parties have a right to request a jury trial. Usually, the defendant has 5 days to file a response. 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. In addition, the court may also enter a money judgment for the landlord and against the tenant. After you have filed your response to the landlords complaint in the clerks office and a Request for Setting is filed by the plaintiff, you will both be notified by mail of the time and place of the trial. Most of our expungement cases are completed in just 6-12 weeks, meaning you can quickly move forward with you life. It is a legal way to evict someone from the place where they live or work. Management of eviction case all the way through sheriff lockout. 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. 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. 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. For example, which forms to complete and how to file them. The judgment may include the landlords court costs and attorney fees plus any proven damages. Notice of Termination. We know contract attorneys all over California. Landlords and tenants can have disagreements. An unlawful detainer lawsuit is a suit brought by a landlord to obtain possession of the rented property and receive payment of back rent. Please click on the link below for the appropriate LDA packet. This website is using a security service to protect itself from online attacks. 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. Website https://www.kerncounty.com Phone Number (661) 868-3140 Kern County Recent Unlawful Detainer Case Records ARB PINE BROOK, LLC VS ARMSTRONG There is usually only one appearance per case. 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.
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