Is an eviction and unlawful detainer the same thing?
Yes. "Unlawful detainer" is an action to remove you from the premises, or evict you. ("Unlawful detainer" doesn't mean you've been removed without process, it IS the process for removal -- it alleges that a person has unlawfully remained on a property without permission.) As for getting one dismissed -- you have to prove to the Court that you have a right to possession! This means a court appearance, motion practice, pleadings, perhaps a trial. Try the legal aid society nearby -- they're oftentimes good at helping defendants in unlawful detainer actions. Getting an attorney is best.
Unlawful Retainer?
Unlawful Detainer and/or Unlawful Retainer are sometimes considered the same thing. An unlawful detainer means is the method by which a landlord sues to remove you from rental property for unpaid rent. If I were a landlord and were preparing to rent to you, AND I saw on the court records that you had an unlawful detainer action filed against you, I would think twice about renting to you. What that tells me is that at some time in the past you have failed to pay your rent and that they had to go to the time and expense to evict you. If they are obtaining this information from your credit report, then you have a right to enter an explanation on your credit report. Otherwise, you should be up-front with the landlord and explain what happened. For more specific information, consult an attorney licensed in your state. If you don't have an attorney, contact your local or state bar association for a referral.
Evictions: What is required for service in a unlawful detainer in california?
In the recent times, the task of evicting tenants is legally done by the tenant eviction companies. These tenant eviction companies conduct a legal procedure for evicting the tenants living unlawfully in the landlord's apartment. The service of the unlawful detainer action is taken by these tenant eviction law firms. These law firms are in the business of tenant eviction for a considerable amount of time and better know the methods of evicting tenants efficiently, under the legal lawsuits. For more details on the topic, you can avail the online sources of information, and get a better understanding on your query.
How long does an unlawful detainer stay on your record?
The answer is, it depends. If the case is dismissed before 60 days passes, then the record of the case is sealed and it never becomes part of the public record. If you answer the unlawful detainer, and you win, the record of the case is sealed and it never becomes part of the public record. If you lose the unlawful detainer action, then the record will be open and permanently part of the court record. If you end up owing your landlord money, this can end up on your credit report and make obtaining credit in the future more expensive. Some courts will seal the record after 60 days. You should retain an attorney if you are sued for eviction because, as you know, even the mention of an eviction on your record can make it very difficult to find new rental housing.
How long does an unlawful detainer lawsuit take to get someone out of your home?
In California after you serve the required 3 day notice and it expires you may file and serve the unlawful detainer. If they default( meaning they do not answer) you can get a default rather rapidly. If they file and answer you must apply for a court hearing.You get preference a to the nature of the case and after trial you can file for a writ of possession and cause the Sheriff to execute upon http://it.So hard to guess as to the answer but absent a bankruptcy, within a few month
When being evicted for unlawful detainer in San Diego, will I be notified before the marshall actually locks me out?
Haven’t you appeared in court? If you only received a three day notice to pay or quit without a follow-up summons, then you are not being evicted. Landlords do not evict - judges do. So, when you are in court, the judge will tell you how many days you have to leave the premises. In CA there is no need for a follow-up notice although the sheriff may pass by to see if you are in the process of evacuating the premises. This will give them an idea how many men and how much time will be necessary to remove you and your effects from the property.
What is the best legal action when you keep getting unlawful detainer/lawsuit actions against you by the same litigant even though you keep prevailing?
In the UK, a complainant usually gets two strikes for raising claims without merit against the same party. After that, the “defendant” can apply for a Civil Restraint Order (CRO). This prevents the complainant from making any further applications without the permission of the court.The Limited CRO prevents the person from a specific court.The Extended CRO last for a two year period, usually issued from breaching a Limited CRO. The person named in the order is placed on a public register.Finally there is the General CRO. These apply to ALL County and High Courts. If they breach the order, it is contempt. The General orders are also in the public domain.Some people will still not take heed and will continue, often against multiple parties. They can be registered as “Vexatious Litigants”