• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Unlawful detainer

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Belove

Junior Member
What is the name of your state (only U.S. laws)? California! My home was sold at auction do to the previous owner not paying rent. The new owner served me a three day pay or quit when we didnt agree on rent amount. After 11 dqys he served me with an unlawful detainer summons. After review of the summons I found that it was forged, no valid case number(case number not found at Superior Cort case index), missing pages (no court dates or form to respond), & forged signature of the county clerk. Is this legal and can he be held accountable for his actions? Do I have a case?
 


sandyclaus

Senior Member
What is the name of your state (only U.S. laws)? California! My home was sold at auction do to the previous owner not paying rent. The new owner served me a three day pay or quit when we didnt agree on rent amount. After 11 dqys he served me with an unlawful detainer summons. After review of the summons I found that it was forged, no valid case number(case number not found at Superior Cort case index), missing pages (no court dates or form to respond), & forged signature of the county clerk. Is this legal and can he be held accountable for his actions? Do I have a case?
You should be aware that Unlawful Detainer actions are NOT viewable on the court websites for the first 60 days. The fact that you did not find it on the Court Index doesn't mean it's not there.

There will be no court dates on the Summons and Complaint, and they do not have to provide you with the form to respond on the papers you were served with.

You need to go down to the local courthouse and request to see the actual case file from the Clerk's office. Or you can always call the Clerk to verify that the case is valid as well. Until you do that, you won't really know whether or not there really is a case against you. I suspect there is.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top