For a helpful tutorial on Unlawful Detainer (Eviction), click here.Resolving Unlawful Detainer
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Monterey, CA 93940
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If you are served with an Unlawful Detainer complaint, the complaint will show the court location where you should file your answer. You have five days to respond in writing to the landlord's complaint. After you have filed your written answer to the landlord's complaint in the clerk's office and an At Issue Memorandum is filed by the plaintiff, you will both be notified by mail of the time and place of trial. There is a filing fee when you file your written answer. However, it is possible to obtain a waiver of the fee if you cannot afford to pay. In order to obtain a fee waiver, you must file an Application for Waiver of Court Fees and Costs at the time you file your answer. The Application for Waiver of Court Fees and Costs form may be obtained from the Clerk's Office.
If the case goes to trial and the landlord wins the Unlawful Detainer lawsuit, the court will issue a judgment for possession. To enforce the judgment, the landlord will then obtain a Writ of Possession that directs the Sheriff to enforce the judgment for possession of the property. This legal document authorizes the Sheriff to physically remove and lock you out of the property. The Sheriff's cost from the eviction may be added to the judgment, which the landlord can collect from you.
The Sheriff will serve you with a Notice to Vacate the property before enforcing the Writ of Possession. After the Sheriff serves the notice, you have five days to move. If you fail to move within the five days, the Sheriff will physically remove you and turn over the possession of the property to the landlord.
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 respond. There is no trial if you do not file a written response to the Unlawful Detainer complaint. This default judgment allows the landlord to obtain possession of the property through a Notice to Vacate.
Both parties have the right to a jury trial. To request a jury trial, the requesting party must file a document entitled At Issue Memorandum. If one party files an At Issue Memorandum and does not request a jury trial, the other party has five days from the mailing date of the At Issue Memorandum to file a Counter At Issue Memorandum requesting a jury trial. All appearing parties will be mailed a Notice of Calendar Setting informing them of the trial date. The party requesting a jury trial will be responsible for paying the jury fee deposit which must be posted with the court five days before the trial date.
If the landlord obtains a judgment against you, you will have to move. The landlord may enforce the judgment. The judgment may include the landlord's court costs and attorney fees plus any proven damages. You may appeal the judgment; however, an appeal does not automatically suspend or delay proceedings upon the judgment. You may also ask for a stay (temporary delay) of the judgment to allow more time before the eviction. A stay may be requested electronically (online). A judge will review the request. A stay request, may also be submitted to the Courthouse at 1200 Aguajito Rd., Monterey, CA 93940 or the drop box at any location. You may request the forms in person if you are not able to access them online. Drop box and US Mail are currently being processed next day, not same day. (Note: use of the Drop Box locations at Salinas and Marina locations may add one additional day to court processing and review. A Request for Stay is an extraordinary remedy and must be submitted AS SOON AS POSSIBLE after a residence is posted by the Monterey County Sheriff's Office. Please allow at least 48 hours for the processing of any request by the Court. For information you may also contact the Self-Help Center at (831)-647-5800 X 3005 or by email at mailto:firstname.lastname@example.org
If you fail to appear for the trial, the court may enter a default judgment in favor of the landlord. The landlord will obtain a Writ of Possession that will legally authorize the Sheriff to evict you from the property.