If the landlord fails to appear for a scheduled trial, the court may dismiss the case without any further action. Statements of Economic Interests (Form 700) for Designated Local Officers, Certificate of Authority for Admitted Sureties, Corporation or Partnership LDA Checklist & Application. After you have filed your response to the landlords complaint in the clerks office and a Request for Setting is filed by the plaintiff, you will both be notified by mail of the time and place of the trial. Evictions - Kern Eviction Emergency Rule 1 expired on September 1. We offer many criminal record clearing services that once successful will allow you to approach job interviews with resolve and honesty. The action you just performed triggered the security solution. AnswerUnlawful Detainer | California Courts | Self Help Guide To change your trial date, you need to file one of the following: The paperwork must be filed as soon as the need for a continuance is known. You can have a trial 20 days after that. You have 5 days from the date you were served to respond in writing to the landlords complaint and file your response with the court. (661) 873-4415. he Covid rules are confusing and contradictory, and the courts appear to heavily favor the tenants. Office Address 5251 Office Park Dr, Bldg 300, Bakersfield, CA 93309 Telephone: 661.635.1300 Fax: 661.635.1320 Secured drop box accessible to the public 24 hrs a day. They have moved to 400 Truxtun Ave #203, Bakersfield, CA 93301. Please click on the link below for the appropriate LDA packet. An Unlawful Detainer action is a special court proceeding. Kern County Clerk Legal Document Assistant Hours: Monday through Thursday from 8:00 am to 4:00 pm; Friday from 8:00 am to 2:00 pm The registration application can be downloaded, completed and brought into the County Clerk's Office located at: Kern County Administrative Building 1115 Truxtun Avenue, 1st Floor Bakersfield, CA 93301 Management of eviction case all the way through sheriff lockout. Professional process service of the initial notices. You must also pay a filing fee when you file the motion or stipulation. We require the bond to explicitly state the effective and expiration dates. To make matters worse, different clerks in the same courthouse disagree as to how this question should be answered, so some pleadings are rejected for checking Yes and some are rejected for checking No. PDF Have evictions in Kern County stopped? What types of evictions are delayed? The Legal Document Assistant registration for an individual must be completed and submitted to the Kern County Clerks office: The applicant must appear in person and must meet the following requirements: You may apply for registration as a Legal Document Assistant between 8:30 am - 3:00 pm Monday through Friday. Proc., 585 (d)) (UD-116) Ask the court to win your eviction case as a landlord because the tenant didn't file an Answer (form UD-105) by the deadline. ComplaintUnlawful Detainer | California Courts | Self Help Guide In order to legally evict a tenant (remove and lock the tenant out of the property), the landlord must file an unlawful detainer lawsuit. The party requesting a jury trial is responsible for the initial jury fees, which must be posted with the court 5 days before the trial date. , Imperial County, Inyo County, Kern County, Kings County, Lake County, Lassen County, Alameda County, Alpine County, Amador County, Butte County, Calaveras . Sincerely,David Huffman, Esq. Notice of Termination. This legal document authorizes the Sheriff to physically remove and lock you out of the property. We look forward to helping you get your life back on track in Kern County, and we truly appreciate you taking the time to consider our services. Usually, the defendant has 5 days to file a response. You can click on the service that is most applicable to your situation and you will be taken to a main informational page wherein you can learn more about the service. We are a Kern County eviction service headquartered in Bakersfield, but we assist with evictions throughout California. Kern Evictions We are Kern Eviction. BAKERSFIELD, Calif. (KGET) The Kern County Superior Court has announced changes for how unlawful detainer cases will be processed. These are some of the recent problems we have experienced. Hare is a list of the 11 cities in Kern that we serve: Bakersfield (County seat), Delano, Arvin, McFarland, Ridgecrest, Shafter, Tehachapi, Wasco, California City, Maricopa, and Taft. Hours: Monday through Thursday from 8:00 am to 4:00 pm; Friday from 8:00 am to 2:00 pm We specialize in California criminal expungement law and have help clients all over the state of California. BAKERSFIELD, Calif. The Superior Court of Kern County announced Monday changes coming to the process for a summons or default in an unlawful detainer action. Unlawful Detainer - Kern County Law Library We serve all locations in the county and prepare paperwork for evictions throughout California. Please enable JavaScript before you proceed. It is a legal way to evict someone from the place where they live or work. 5 Stars!!! If we do not successfully expunge your criminal case, then you don't pay us. Removal Jurisdiction Because an action for unlawful detainer arises under California law, the Court lacks subject matter jurisdiction over the complaint. There are packets available in English and Spanish, but please note that all court filings must be in English. INSTRUCTIONS TO SHERIFF OF THE COUNTY OF KERN Author: jacquez Created Date: 6/1/2018 7:52:59 AM . From San Diego to Humboldt County, we are here to help with your expungement needs. Get form SUM-130 Effective: January 1, 2022 View SUM-130 SummonsUnlawful DetainerEviction form Go to How-to instructions for Eviction Go to Eviction Form Packets We prepare papers quickly and accurately, but this does not mean that there wont be problems. Between March 23 and April 6, defaults were delayed in processing due to a reduction in court services due to the COVID-19 pandemic. endobj A landlord can generally evict a tenant if one or more of the following is true: The renter fails to pay rent on time. Privacy Policy. #z< !B lj Z,adxq_{='UE5r|*h +Z434as6WVhxr +yZOOZ.r:Z:|,X?eHDDI^>~"*i54O?>=::Dj1d5 Get form UD-100 Effective: September 1, 2020 View UD-100 ComplaintUnlawful Detainer form Go to How-to instructions for Eviction Go to Eviction Form Packets You should bring the proof of service to court with you. Please click on the link below for the appropriate UDA packet. If the landlord is also awarded judgment for payment of back rent, he or she may collect the judgment by attaching your property, garnishing your wages, or any other legal means. The court provides interpreters for unlawful detainer cases for parties who do not speak English or require a sign language interpreter. : Kern County has the distinction of being the 13th largest county in California, and is located in California's Central Valley. Some courts allow a property manager to evict a tenant, but others require an attorney to appear if the property is owned by a corporation. You cannot evict someone yourself without going through the proper steps. We cannot represent you in Court and we do not provide any legal advice. 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 file your written response with the court. Kern County is located in the Central Valley and although it is best know for the city of Bakersfield, there are 10 other cities that make up the county. Currently Kern County consists of 11 cities in total, and our record clearing services are available to everybody in all 11 cities. "Unlawful detainer claim" means a proceeding, filing, or action affecting rights or liabilities of any person that arises under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure The bond must cover the two-year registration period. If you have a friend willing to serve papers for you, we can give them instructions as to how to do it. (CCP 262) . PDF UNLAWFUL DETAINER PACKET - California This default judgment allows the landlord to obtain possession of the property. Mailing Address KCSO Civil Section P.O.Box 80786 Bakersfield, CA 93380 Email: Civil@kernsheriff.org Public Hours of Operation 8:00 a.m. - 5:00 p.m. Monday - Friday, excluding holidays x=ks6][{&$9]l.4zlVxN"*|4Fw47oG_}Yh/M,U',R%,? E-Filing | Superior Court of California | County of Kern It is against the law. Evictions in Lake Isabella are filed in the Kern River courthouse at 7046 Lake Isabella Blvd., as are evictions for Wofford Heights, Kernville, Mountain Mesa, Weldon, and Bodfish. Please provide the court with sufficient notice of your need. Landlords and tenants can have disagreements. 235 E. Mountain View Street, Lower Level There are, therefore, multiple contradictory Covid notifications. The forms also contain instructions to help you fill them out. An Unlawful Detainer decides if the landlord can take the property back from the tenant. All Rights Reserved. pwpcCSC9QcUtg+"2*Z~%+}@"M [>54Nm\ J[}x|'C/C2+`dC?c}6hKw'yrJ\&xq%4h`E5{tD`KKa]e?Ck[U=o@c^8h/Qet#GD?9jU[5JP@!\|*8lqV17CS!K$t42)F]n. A valid photo identification issued by the government (established by a birth certificate, a drivers license or passport). You can email the site owner to let them know you were blocked. Free self help assistance is provided by the Court for both landlords and tenants. 4 0 obj The application for Waiver for Court Fees and Costs form may be obtained from the clerks office. Unlawful Detainer Assistant registration is required in each county where the services are performed. When you purchase a Fresh Start Law Center expungement service your case will be handled by a knowledgeable and experienced expungement attorney from start to finish. A new form is required for all evictions, form UD-101. Proc. endobj PDF Eviction or Unlawful Detainer Lawsuit - California This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. Both parties have a right to request a jury trial. Cloudflare Ray ID: 7c0734b6ea5ca075 Their prices were reasonable and there service excellent. Unlawful Detainer/Evictions | Superior Court of California | County of Using these smart forms can save you time and frustration. Founding Attorney, Fresh Start Law Center. Landlord / Tenant | Superior Court of California Evictions in Ridgecrest are filed in the Ridgecrest courthouse at 132 E Coso Avenue, as are evictions in China Lake, Indian Wells, and Inyokern. We serve all 58 counties in California, including: Kern County - Early Probation Termination, Kern County - Certificate Of Rehabilitation. . % The Sheriff can enforce this judgment. The subpoena must be personally served. You must pay a filing fee when you file your written response, however, it is possible to obtain a waiver of this fee if you cannot afford to pay it. Additional, lost or stolen replacement cards are $10 each. %PDF-1.5 The renter breaks the lease or rental agreement and will not fix the problem like leaving trash in the yard, or failing to keep the water turned on. We also offer expedited service in most counties. 7AUg^$1@_/@wAKY&e62&`pH!`)`S5p\"H ul1K#D$ ||4 @j%k6r&l =b It is common for our clients to only pay our fee and the court filing fee, which is currently $240 for the initial lawsuit documents. Abuse, Harassment & Restraining Orders Help. Keep a copy of all filed forms for yourself . Landlords and tenants can have disagreements. Click to reveal Some courts believe Yes means that the tenant is in temporary housing, and some believe that No means the tenant is in temporary housing. A certified copy of the original bond must be submitted in each additional county in which you apply for registration. Evictions in Delano are filed in the Delano courthouse at 1122 Jefferson Street, as are evictions in McFarland, Jasmin, Pond, Earlimart, and Richgrove. We take pride in offering affordable pricing to our clients. It is a legal way to evict someone from the place where they live or work. The fact is that a good majority of private employers in Kern County are conducting criminal background checks on applicants today, making it extremely difficult to find a job if you have a criminal record. We provide criminal expungement legal services to all the cities in Kern County, and pride ourselves on being one of the only law firms that concentrate exclusively on California record clearing laws. Fresh Start Law Center is one of the few law firms in California that focuses solely on record clearing laws in California. Our low flat fee of $1,100 does not include significant payments to others, such as court filing fees, Sheriffs fees, process service, or attorney fees. We can answer your questions about the law and procedures. If the landlord files this document and does not request a jury trial, you have 5 days from the mailing date of the Request for Setting to file a Counter Request for Setting requesting a jury trial. Superior Court of Kern County changing process for unlawful detainer An award for possession of property authorizes the landlord to evict you from the property. If you are served with an unlawful detainer complaint, the complaint will show the court location where you should file your response. 103.190.54.21 Performance & security by Cloudflare. Filing an appeal does not automatically suspend or delay enforcement of the judgment. The Attorney-In-Fact must be registered with the Kern County Clerk or a currently dated copy of the power-of-attorney must be attached to the bond authorizing the Attorney-In-Fact to issue the bond, The Attorney-In-Fact signature must be acknowledged before a notary public, Filing fee of $182 (cash, credit card, money order, or check) payable to the Kern County Clerk. Barstow, CA 92311 The renter becomes a serious nuisance by disturbing other tenants and neighbors. After the Sheriff posts the notice, you have 5 days to move. If necessary, the registration period will be shortened to coincide with the date the bond expires. Toggle navigation MENU. Kern Evictions appears to be closed. You should bring copies and the Court Clerk will conform them. The bond cannot combine both a Legal Document Assistant and an Unlawful Detainer Assistant. The bond cannot combine both a Legal Document Assistant and an Unlawful Detainer Assistant. <>>> Kern County Criminal Record Expungement - Fresh Start Law Center PDF Instructions to Sheriff of The County of Kern 12/15/16 MO: Ruling on Unlawful Detainer Trial - Motion for Most of our expungement cases are completed in just 6-12 weeks, meaning you can quickly move forward with you life. Most courts allow a three day notice when the tenant is damaging the property. 2iZ8.fg(gg1Syx{ Electronic filing of unlawful detainer case documents. If you are a defendant in an unlawful Detainer case, you may refer to the Evictions:Tenant page for more information. You dont have to suffer with a bad tenant. Evictions in Shafter and evictions in Wasco and Palmo are filed in the Shafter courthouse at 325 Central Valley Hwy. We have listed our most popular criminal record clearing services below. If a tenant fails to appear for a scheduled trial, the court will proceed by default and may render a judgment for the landlord. The renter uses the property to do something illegal, such as sell drugs. Unlawful Detainer - Kern County Law Library Unlawful Detainer For the most current news on the subject of how Covid-19 has impacted the subject of Unlawful Detainers, please click here . Proc., 525(d)) Judicial Council Form UD-116 Professional Process Service of initial court filing to all tenants, including prejudgment claim of right to possession. After you print out your forms, stop by at one of our Resource Centers so we can talk about your case and your forms. While LTAC cannot fill out your forms for you, they can provide you with a general description of the process you will need to follow to lawfully evict a tenant. The two options are Yes and No. For example, which forms to complete and how to file them. A certified copy of the original bond must be submitted in each additional county in which you apply for registration. Declaration for Default Judgment by Court (Unlawful DetainerCiv. Proc If the case goes to trial and the landlord is awarded judgment against you and for possession of the property, the landlord can then obtain a Writ of Possession. Registration for Legal Document Assistant is required in every county where the service is supplied. Our location in Southern California put us very close to Kern and we are very familiar with the Kern County Superior Court system. Usually, the defendant has 5 days to file a response. Expedited proceeding An Unlawful Detainer case is fast. Tenants and their lawyers sometimes ask for extensive discovery, such as the production of documents related to the case or answer to interrogatories (questions). This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. An unlawful detainer is only for possession of the property, but not for recovery of monetary damages. Kern County Clerk Unlawful Detainer Assistant :Gg7 3 0 obj <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> There is no trial if you do not file a written response to the unlawful detainer complaint. Arrive early as there is always a high demand for services. We assist with evictions throughout California, but our primary service area is Kern County, including Bakersfield, Arvin, Delano, Mojave, California City, Maricopa, McFarland, Ridgecrest, Shafter, Taft, Tehachapi, and Wasco. We provide our specialized criminal expungement legal services throughout the entire state of California. According to the court, due to the . Payments can be made here. Some courts require multiple attempts to serve all documents, including three day, fifteen day, thirty day, sixty day, and ninety day notices. The statutory Covid declaration has a date on the top of it reflecting when the moratorium was passed or extended. According to the court, due to the actions taken by the state and the CDC in response to COVID-19, in order to process a summons or default in an unlawful detainer action, the court must have case information that will allow the court to screen and process cases. We have been forced to raise our eviction rates to $1,100 for the Summons, Complaint, and default and $85 for notice because of the multiple issues and problems that are beyond our control. The cost of service of documents is heavily dependent location of the property and the difficulty serving the tenant, so costs vary greatly depending on the location of the property and the availability of process servers. We offer a huge variety of criminal expungement legal services to all Kern residents. Felony expungement . Information packets are provided in English and Spanish, but please note that all filings in the Superior Court must be in English. This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. Two-year Legal Document Assistant bond in the amount of $25,000 or in lieu of a bond, you may deposit $25,000 in cash with the County Clerk. Monetary damages may be recovered after control of the property is taken. Free Consultation (800) 916-1228. 171 Family Law Packets (If requested by mail, additional $1.00 charge with the exception of No Fee packets): Dissolution Summary Dissolution, Paternity, or Petition for Custody Domestic Violence 172 Probate Packets (If requested by mail, additional $1.00 charge with the exception of No Fee packets): Affidavit of Real Property of Small Value, Evictions in Bakersfield are filed in the Bakersfield courthouse at 1415 Truxtun Ave., as are evictions in surrounding areas of the county that are near Bakersfield, such as Oildale, Greenacres, and Rosedale. Get form UD-105 espaolGet form UD-105 in Spanish (Spanish) Effective: April 14, 2022 View UD-105 AnswerUnlawful Detainer form Go to How-to instructions for Eviction Go to Disagreement has to be about the tenant moving out Our focus in California record clearing laws not only allows us to provide top notch legal services, but to provide these expungement services at the absolute lowest fixed prices - we guarantee that our prices are the lowest! PDF Superior Court of California Statewide Civil Fee Schedule1 The Sheriffs cost for the eviction may be added to the judgment, which the landlord can collect from you. Unlawful Detainer Case Search - Kern County Superior Courts KERN COUNTY AUDITOR-CONTROLLER-COUNTY CLERK January 1, 2016 . This generally includes McKittrick, Derby Acres, Valley Acres, New Cuyama, San Emidio, Lebec, and Maricopa. Kern County has multiple court locations. Tenants sometimes file motions, demurrers, or other pleadings that delay the eviction process, even if the pleadings are without merit. The landlord is the plaintiff. Login. Fresh Start Law Center focuses exclusively on California record clearing laws, and is one of the few California law firms to do so. Tell us what you think about the new website. The tenant is the defendant. That is why you may need an Unlawful Detainer. Website https://www.kerncounty.com Phone Number (661) 868-3140 Kern County Recent Unlawful Detainer Case Records ARB PINE BROOK, LLC VS ARMSTRONG The Center is located at the Kern County Superior Court, Metropolitan Division, 1415 Truxtun Ave., in Bakersfield on the Third Floor. There is usually only one appearance per case. Civil Section | KCSO Give Light and the People Will Find Their Own Way. There is no reason to let your criminal history hold you back any longer, sign up today and forget your past and embrace your future. An original bond is required for . Take a default if the tenant fails to respond or go to trial if the tenant does respond, Post-judgment proceedings, such as appeal or removal of the tenant by the sheriff. -a1?@xK 1erIQMdzZ5I}KxDEkfUXVk~`Y2vXD@0fE;MXp6P~}KWpeZ;`i"`Er0J,g%awU#T5jf This appears to be the proper procedure under the law, but several courts, without citing any authority, have required a fifteen day notice. We know contract attorneys all over California. We are so sure that we have the lowest fixed prices for our expungement services that we guarantee it! `Superior Court, County of Kern - Beginning January 14, 2019, the Metropolitan Division of the Superior Court, County `of Kern only, has implemented a Shriver pilot project for Mandatory Settlement Conferences in all residential unlawful `detainer cases set for trial in the Metropolitan Division. To be clear: LTAC is not able to provide you with legal advice only information. Monday - Thursday:8am-4pmFriday:8am-3:30pm, 1415 Truxtun Ave, Rm. stream We have won thousands of criminal expungement cases for our clients in California. Tenants and their lawyers sometimes make claims designed to delay and make the process more expensive and burdensome, such as claiming that the tenant was improperly served, the process server entered the house, the person serving was not properly licensed, the landlord refused to fix a leak, etc. This usually happens when a tenant stays after the lease is expired, the lease is canceled, or the tenant has not paid their rent. 17780 Arrow Boulevard, 2nd Floor An Unlawful Detainer action is a special court proceeding. Notice: This website is attorney advertisement and does not establish an attorney-client relationship, which is only formed once you have signed an engagement agreement.