Step 1Landlord S Kit for Getting a Judgment and a Writ of Possession

Step 1Landlord’s Kit for Getting a Judgment and a Writ of Possession

The Code says you’re entitled to a Clerk’s Judgment for Possession if your Tenant hasn’t legally responded to your Summons within the five days given after he or she was “served.” Once you have a Clerk’s Judgment you’re entitled to a “Writ of Possession.” The Writ of Possession is served by the Sheriff. The Writ of Possession is what gives you the property back. After receiving Possession apply-back to the Clerk for a Court Judgment. The Court Judgment will be for what the Tenant owes.

For Clerk’s Judgment and a Writ of Possession concurrentlyThree Forms are needed:

for Entry of Default

(together with)

for a Clerk’s Judgment

(This 1 Form has two purposes. There’s no redundancy involved.)

Judgment

of Possession

Cost:Sheriff’s Fee for Serving Writ of Possession75.00+ 50.00 (Gov. C §26733.5)

~ April 2010 ~
Sun / Mon / Tue / Wed / Thu / Fri / Sat
1 / 2 / 3
4 / 5 / 6 / 7 / 8 / 9 / 10
11 / 12 / 13 / 14 / 15 / 16 / 17
18 / 19 / 20 / 21T is served with 3 Day Notice to Pay Rent or Quit / 22 / 23 / 24Day 3 falls on a Weekend
25 / 26When Day 3 falls on a Weekend, T has until the end of the business day-following to pay the LL the past due rent / 27 / 28T is Served with Summons and Complaint / 29Day 1 / 30Day 2 / Notes:

The timeline continues on the May display (next page)

~ May 2010 ~
Sun / Mon / Tue / Wed / Thu / Fri / Sat
1Day 3
2Day 4 / 3Day 5 T’s last day in which to file a legal response to the Summons and Complaint / 48:30 a.m. LL can Request Entry of Default ,get a Clerk’s Judgment and a Writ of Possession / 5 / 6Sheriff serves Writ of Possession and 5 Day Notice to Vacate / 7Day 1 / 8Day 2
9Day 3 / 10Day 4 / 11Day 5
LL to telephone Sheriff for Time of Eviction / 12Sheriff’s Eviction / 13 / 14 / 15
16 / 17 / 18 / 19 / 20 / 21 / 22
23 / 24 / 25 / 26 / 27 / 28 / 29
30 / 31 / Notes:In Butte County, evictions are done on Wednesdays: The Sheriff will serve a 5-Day Notice to Vacate with the Writ of Possession attached. Go to Step 2 Landlord’s Kit for Evicting a Tenant (see page following this page). The eviction occurs on the Wednesday after expiration of the 5-Day Notice to Vacate.)

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