kern county unlawful detainer

A valid photo identification issued by the government (established by a birth certificate, a drivers license or passport). If you have any further questions, please contact the County Clerk's Office at (661) 868-3743. Please click on the link below for the appropriate LDA packet. In order to legally evict a tenant (remove and lock the tenant out of the property), the landlord must file an unlawful detainer lawsuit. If the landlord files this document and does not request a jury trial, you have 5 days from the mailing date of the Request for Setting to file a Counter Request for Setting requesting a jury trial. There are costs to subpoena each witness, including witnesses mileage to and from the trial location, and you must pay these costs. 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 Instead of writing certain information over and over, these forms will know where to put that information on the forms for you. Website https://www.kerncounty.com Phone Number (661) 868-3140 Kern County Recent Unlawful Detainer Case Records ARB PINE BROOK, LLC VS ARMSTRONG A copy of the supplemental cover sheet is available here. Inland County Legal Services Rancho Cucamonga: (909) 980-0982 800 . 12/15/16 MO: Ruling on Unlawful Detainer Trial - Motion for I. We offer a 100% money back guarantee on most of our services. . 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. If the landlord wins the case, they will get a "judgment" and the tenant has to move out. Monday - Thursday:8am-4pmFriday:8am-3:30pm, 1415 Truxtun Ave, Rm. Landlords and tenants can have disagreements. Monetary damages may be recovered after control of the property is taken. 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 you would feel more comfortable being represented by an attorney or you just dont want to go to court, we can introduce you to an experience eviction lawyer to represent you on a limited scope basis for a flat fee of around $500 per court appearance. 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 renter becomes a serious nuisance by disturbing other tenants and neighbors. 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. If we do not successfully expunge your criminal case, then you don't pay us. The renter damages the property, such as breaking out windows. If the landlord fails to appear for a scheduled trial, the court may dismiss the case without any further action. Cloudflare Ray ID: 7c0734b6ea5ca075 No problem. 2 0 obj stream An Unlawful Detainer action is a special court proceeding. endobj The renter uses the property to do something illegal, such as sell drugs. 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. KERN COUNTY AUDITOR-CONTROLLER-COUNTY CLERK January 1, 2016 . In most cases, no court appearances are necessary, but you can represent yourself at the court trial if needed. 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. Because an action for unlawful detainer arises under California law, the Court lacks subject matter jurisdiction over the complaint. 5 Stars!!! Landlords | Superior Court of California | County of Kern It is important that you put your criminal expungement case in good hands that you can trust. Some courts have required that every notification be served. 7AUg^$1@_/@wAKY&e62&`pH!`)`S5p\"H ul1K#D$ ||4 @j%k6r&l =b 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. Proc., 525(d)) Judicial Council Form UD-116 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 . 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. We are document service providers, not attorneys. The Unlawful Detainer (eviction) lawsuit begins when the landlord gives a Notice of Termination to the tenant. 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 trial if you do not file a written response to the unlawful detainer complaint. % 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. Both parties have a right to request a jury trial. These issues are completely beyond our control, and there is nothing we (or anyone else) can do to prevent these issues. Temporary restrictions due to Covid-19 may hamper or delay an eviction. If you have any further questions, please contact the County Clerk's Office at (661) 868-3743. 3 0 obj Hours: Monday through Thursday from 8:00 am to 4:00 pm; Friday from 8:00 am to 2:00 pm 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 . 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. We do pay the cost of electronic filing. An Unlawful Detainer decides if the landlord can take the property back from the tenant. We serve all 58 counties in California, including: Kern County - Early Probation Termination, Kern County - Certificate Of Rehabilitation. :Gg7 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. The application for Waiver for Court Fees and Costs form may be obtained from the clerks office. +yZOOZ.r:Z:|,X?eHDDI^>~"*i54O?>=::Dj1d5 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 order to legally evict a tenant (remove and lock the tenant out of the property), the landlord must file an unlawful detainer lawsuit. A hearing and appearance is only needed if the tenants file an answer to the unlawful detainer. . PDF Have evictions in Kern County stopped? What types of evictions are delayed? 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. Toggle navigation MENU. Give Light and the People Will Find Their Own Way. We have seen every type of expungement case, and we specialize in this unique area of California law. Totally reliable and well worth the money. This legal document authorizes the Sheriff to physically remove and lock you out of the property. 1 0 obj 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. Evictions in Ridgecrest are filed in the Ridgecrest courthouse at 132 E Coso Avenue, as are evictions in China Lake, Indian Wells, and Inyokern. 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. Expedited proceeding An Unlawful Detainer case is fast. Inappropriate dress includes jeans, shorts or tank tops. Using these smart forms can save you time and frustration. <> Proc. PDF KERN COUNTY AUDITOR-CONTROLLER-COUNTY CLERK 1115 Truxtun Avenue, 1st 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 two options are Yes and No. Additionally, we cannot guarantee results & past results do not guarantee future results. An Unlawful Detainer action is a special court proceeding. An Unlawful Detainer case is fast. There are firms throughout the state that specialize in delaying evictions, and Nolo even publishes an article entitled, How to Delay an Eviction in California Heres what you can do to postpone your eviction, or maybe stop it altogether.. Call Now Toll-Free 800-916-1228 100% FREE Attorney Consultation. Unlawful Detainer Trial Practice Outline We can be reached by phone (661) 873-4415. 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. Eviction cases are called "Unlawful Detainer" cases. Management of eviction case all the way through sheriff lockout. 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. This section does not talk about everything a landlord and tenant may disagree about. The landlord cancels the rental agreement by giving proper notice. The action you just performed triggered the security solution. To change your trial date, you need to file one of the following: The paperwork must be filed as soon as the need for a continuance is known. There are, therefore, multiple contradictory Covid notifications. Removal Jurisdiction Their prices were reasonable and there service excellent. For the most current news on the subject of how Covid-19 has impacted the subject of Unlawful Detainers, please clickhere. We also offer expedited service in most counties. (661) 873-4415. he Covid rules are confusing and contradictory, and the courts appear to heavily favor the tenants. Tell us what you think about the new website. 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 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 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. 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. 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. (CCP 262) . You will be mailed a Clerks Notice of Trial informing you of the trial date. Civil Section | KCSO INSTRUCTIONS TO SHERIFF OF THE COUNTY OF KERN Author: jacquez Created Date: 6/1/2018 7:52:59 AM . Mr. Huffman was a joy to work with. Login. This judgment allows the landlord to obtain possession of the property. Performance & security by Cloudflare. Kern County, California Media Contact: Greater Bakersfield Legal Assistance, Inc. Staff Attorney Laura Matter lmatter@gbla.org . 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. Arrive early as there is always a high demand for services. We prepare papers quickly and accurately, but this does not mean that there wont be problems. Legal Document Assistance throughout the county and state. In general, the defendant cannot file a cross complaint (counter-sue). We have listed our most popular criminal record clearing services below. The Covid rules are confusing and contradictory, and the courts appear to heavily favor the tenants. 348, Bakersfield, CA 93301. These can be burdensome and cause delays. This website is using a security service to protect itself from online attacks. 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. To be clear: LTAC is not able to provide you with legal advice only information. Initial consultation with a registered Legal Document Assistant to ensure compliance with state and local filing requirements. Emergency Rule 1 expired on September 1. According to the court, due to the . You should bring the proof of service to court with you. Kern County Criminal Record Expungement - Fresh Start Law Center If you are a defendant in an unlawful Detainer case, you may refer to the Evictions:Tenant page for more information. 2010-2023 Fresh Start Law Center, PC - A Professional Corporation. -a1?@xK 1erIQMdzZ5I}KxDEkfUXVk~`Y2vXD@0fE;MXp6P~}KWpeZ;`i"`Er0J,g%awU#T5jf You will have to pay a fee or get a fee waiver. Free self help assistance is provided by the Court for both landlords and tenants. You can have a trial 20 days after that. We specialize in clearing up your entire criminal record, and we provide discounted pricing for multiple expungement cases. Disagreement has to be about the tenant moving out Fresh Start Law Center focuses exclusively on California record clearing laws, and is one of the few California law firms to do so. Landlord Tenant (Unlawful Detainer) Information, Informacin de Desalojo (Retencin Ilcita). 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. The bond must cover the two-year registration period. Housing Authority of The County of Kern Vs Tomlin, Bcl-20-010813 ~ The Sheriff can enforce this judgment. 415.45 Page 1 of 2 For Optional Use CV-667 Rev. If they cannot work it out, they may end up in court. The Center is located at the Kern County Superior Court, Metropolitan Division, 1415 Truxtun Ave., in Bakersfield on the Third Floor. Usually, the defendant has 5 days to file a response. 235 E. Mountain View Street, Lower Level The registration application can be downloaded, completed and brought into the County Clerks Office located at: The registrant must appear in person and present the following requirements: You may apply for registration as an Unlawful Detainer Assistant between 8:30 am - 3:00 pm Monday through Friday. We prepare papers quickly and accurately, but this does not mean that there wont be problems. We are convenientlly located in Southern California which allows us to provider our full lineup of record clearing services to all residents in Kern. 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. 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. No matter how meritless the claims are, the court will still consider them. According to the court, due to the actions taken by the state and the CDC in response to COVID-19, in order to process a summons or default in an unlawful detainer action, the court must have case information that will allow the court to screen and process cases. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. Call us now to get them out. 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. 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. PDF Application and Order to Serve Summons by Posting - Unlawful Detainer There are packets available in English and Spanish, but please note that all court filings must be in English. Evictions in Shafter and evictions in Wasco and Palmo are filed in the Shafter courthouse at 325 Central Valley Hwy. Unlawful Detainer Case Search - Kern County Superior Courts endobj 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. From San Diego to Humboldt County, we are here to help with your expungement needs. This link contains news and information for both landlords and tenants. 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 PDF Instructions to Sheriff of The County of Kern If necessary, the registration period will be shortened to coincide with the date the bond expires. I would highly recommend Fresh Start. 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. 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. This allows us to give our clients highly specialized legal assistance at the absolute lowest fixed prices (we guarantee our prices are the lowest). An unlawful detainer lawsuit is a suit brought by a landlord to obtain possession of the rented property and receive payment of back rent. When you purchase a Fresh Start Law Center expungement service your case will be handled by a knowledgeable and experienced expungement attorney from start to finish. The judgment may include the landlords court costs and attorney fees plus any proven damages. 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. PDF Superior Court of California Statewide Civil Fee Schedule1 We are so sure that we have the lowest fixed prices for our expungement services that we guarantee it! You cannot evict someone yourself without going through the proper steps. Unlawful Detainer cases are complicated. This link contains news and information for both landlords and tenants. Please enable JavaScript before you proceed. 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. 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. Free Consultation (800) 916-1228. <> The landlord is the plaintiff. We can also provide the forms for you. Sincerely,David Huffman, Esq. Kern County Clerk Legal Document Assistant For example, which forms to complete and how to file them. Look at the list of other places to get help below. (CCP 262) . BAKERSFIELD, Calif. (KGET) The Kern County Superior Court has announced changes for how unlawful detainer cases will be processed. An original bond is required for the primary county in which you are applying for registration. The bond cannot combine both a Legal Document Assistant and an Unlawful Detainer Assistant. 103.190.54.21 In general, the defendant cannot file a cross complaint (counter-sue). If the landlord wins the case, they will get a "judgment" and the tenant has to move out. 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. 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, They did everything they promised, on time and with wonderful customer service. 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. Local Kern County, California, expungement law firm is experienced in criminal record expungement, and ensures the lowest expungement prices in Kern County. California Courts | Self Help Guide Declaration for Default Judgment by Court (Unlawful DetainerCiv. You dont have to suffer with a bad tenant. 2iZ8.fg(gg1Syx{ PDF Local Fee Schedule: Superior Court Of California, County Of Kern 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. An eviction, known as an unlawful detainer in California, is the removal of a tenant from a rental property by the landlord. These are some of the recent problems we have experienced. We have been forced to raise our eviction rates to $1,100 for the Summons, Complaint, and default and $85 for notice because of the multiple issues and problems that are beyond our control.

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