Eviction Process

[workinprogress]

My mother resides in Southern California. She was served with an Unlawful Detainer, to which she responded by filing an Answer-Unlawful Detainer.

She was then given a form titled "Declaration of Mailing" to be completed by a third party (not involved in the suit). Once this form is completed, should it be mailed to the plaintiff/attorney along with the "ORIGINAL" or "FILED" Answer-Unlawful Detainer, OR should she submit the Declaration of Mailing to the court only?

Please advise on the proper procedure. She must respond by Monday, March 19, 2001.

Thank You

 

[uneek_5]

let everyone know

as with anything legal you shold let all parties know exactly what is going on, so i'd say send eveyone a copy and send the court the original. to the right person of course, god bless!

 

[LL]

uneek_5 has given you some very amateurish and fatal advice.

I suggest that you get some legal advice and fast, and pay attention only to someone who really knows what to answer. The Court will not answer such questions for you. The summons and complaint were served on you by some process server, who is not really involved in your case, but the package of what he was given to serve was made up by the plaintiff (or his lawyer). Your whole approach to thinking about this shows that you should have a lawyer. You have no understanding about what is involved here.

If your mother doesn't really have a good answer to the suit, you will not be able to depend on the lawyer to tell her that. If she simply has not paid her rent, she should seriously think about just leaving and quickly. Perhaps then, the landlord can be persuaded to drop the suit without leaving behind a bad recommendation.