Eviction Process Through the Superior Court

EVICTION PROCESS THROUGH THE SUPERIOR COURT

MANY QUESTIONS MAY BE ANSWERED AT THESE WEB SITES:

www.courtinfo.ca.gov/selfhelp OR www.dca.ca.gov

We recommend you seek legal counsel for complete information.

~~~ Serve the appropriate Notice or Notices to Pay Rent or Quit.

Service may be accomplished in any of the following manners:

1. Personally serve each tenant over the age of 18 with a copy. This can be done by

anyone over the age of 18 years.

2. Post a notice for each tenant on the door of the property and mail a copy to their

last known address.

3. Have the Sheriff’s Office, Civil Division, serve them for you. The fee for this

Service is $40.00.

On the back of the Original Notices, write whom was served, when, where and the mailing address, if mailed, and take this to court.

~~~ If the tenants have not paid or moved after time allotted in previous notices, go to the Superior Court having jurisdiction and file a Summons and Complaint, Unlawful Detainer. These forms must be personally served on the tenants. Original Summons and Proofs of Service must be filed with the Court.

Service may be accomplished in the following manners:

1.  Any person over the age of 18 years and not a party to the action may serve.*

2.  Have the Sheriff’s Civil Division serve for you. Fee per person is $40.00.

*Note: If serving DOES / UNNAMED OCCUPANTS, service of the Prejudgment Claim of Right to Possession shall be effected by a sheriff, marshal, or registered process server.

~~~ If the tenants do not respond to the Court within 5 days from the date of service, return to Court and file a Writ of Execution. The WRIT must be served by the Sheriff’s Office, Civil Division. The fee is $145.00.

The Civil Division must receive the Original Writ plus 2 copies, the fee & instructions prior to 3 pm on Wednesdays for the Eviction to take place the following Wednesday. You will be notified on Tuesday of the scheduled time for the Eviction. You or your agent MUST be at the location of the Eviction to provide entry and take possession. You may change the locks to prevent reentry by the defendants/tenants. The Sheriff does not remove personal property. A Restoration Notice with information regarding personal property left at the residence is provided at the time of Eviction.

Community Legal Information Center ~ 898-4354

Law Library in Oroville ~ 538-7122 The SHARP Office ~ 532-7015

REV January 2015