- Who sends it
- The new owner files the case in superior court and has the Summons and Complaint served on you
- What it starts
- Usually 10 court days to file a response, more if you were not handed the papers
- Do this first
- Count your deadline today and contact a court self-help center or legal aid
What this document is in California
An eviction case in California is called an unlawful detainer case. After a trustee's sale, Code of Civil Procedure section 1161a lets the new owner use it to remove a former owner who stays after a 3-day notice to quit. The court papers are the Summons, Unlawful Detainer, Eviction (form SUM-130) and a Complaint, often on form UD-100.
The California Courts self-help pages on these papers are written for landlord and tenant cases. The response deadlines come from the same law, Code of Civil Procedure section 1167.
What it does and does not mean
- It is a lawsuit, not an order to leave. You have the right to respond and be heard.
- If you do not respond in time, the owner can ask the judge to rule without you.
- If the owner wins, the sheriff serves a Notice to Vacate that gives you 5 days before a lockout (Code of Civil Procedure section 715.010).
- The California Courts say even if you plan to move or negotiate, it is a good idea to file a response so the case is not decided without you.
Your deadline and how to count it
- Handed to you: 10 days to file a response, not counting Saturdays, Sundays or court holidays (Code of Civil Procedure section 1167). Day 1 is the day after you were served.
- Left with someone at home or work and mailed, or posted and mailed: the California Courts say you have 10 calendar days plus 10 court days, counted from the day after the papers were mailed.
- Served through the Secretary of State's Safe at Home program: 5 extra court days.
- If you are unsure how you were served, ask a court self-help center or legal aid the same day.
What to do this week
- File an Answer, Unlawful Detainer (form UD-105) with the court by your deadline. The California Courts say each person pays a filing fee of $240 to $450, and you can ask for a fee waiver if you cannot afford it.
- Bring your foreclosure papers, the 3-day notice and anything showing how you were served to a court self-help center or legal aid. Find free legal aid through LawHelpCA.
- If you want to move, talk with the owner about a move-out date in writing, but still protect your deadline.
- Plan for your belongings. After a lockout, personal property left behind can be sold or disposed of unless you pay reasonable storage costs and claim it within 15 days (Code of Civil Procedure section 715.010).
- Read after a foreclosure sale in California and the national writ of possession page.
The rest of the California process
See how foreclosure works in California, the timeline, ways to stop it and free help in California, or read the national guide to this letter.
Common questions
How long do I have to answer a California eviction summons after foreclosure?
Usually 10 days after you are personally served, not counting Saturdays, Sundays and court holidays (Code of Civil Procedure section 1167). If the papers were left with someone or posted and mailed, the California Courts say you have 10 calendar days plus 10 court days from the mailing.
What form do I use to respond in California?
The California Courts say the main form is Answer, Unlawful Detainer (form UD-105). File it with the court that issued the summons. A court self-help center can help, and a fee waiver is available if you cannot pay the filing fee.
What happens if I lose a California unlawful detainer case?
The sheriff serves a writ with a Notice to Vacate. If you are not out within 5 days of service, the sheriff removes you and puts the owner in possession (Code of Civil Procedure section 715.010).
Other California letters
- Notice of DefaultIn California, a recorded Notice of Default is the formal start of a trustee (out of court) foreclosure. It is not a sale and not an eviction. At least 3 months must pass before a Notice of Sale can set an auction, and you can catch up until 5 business days before the sale date.
- Letter about foreclosure prevention alternativesAfter a Notice of Default is recorded, a larger California servicer that offers ways to avoid foreclosure must write to you within 5 business days. The letter says you may be evaluated, whether you must apply, and how to get the application. It is your cue to apply now.
- Notice of SaleA California Notice of Sale sets the date, time and place of the trustee's sale (auction) of your home. It must be mailed, posted on your door, recorded and published at least 20 days before the sale. You may still have options, and most end 5 business days before the sale.
- Notice of surplus proceeds after a trustee's saleIf your home sold at a trustee's sale for more than the sale costs and the foreclosed loan, the trustee must mail a notice within 30 days of signing the trustee's deed. Your signed written claim must reach the trustee within 30 days after the notice is sent. You can file it yourself for free.
- 3-day notice to quit after a foreclosure saleAfter a trustee's sale, the new owner cannot change the locks. It must first serve a former owner with a written 3-day notice to quit. If you stay past it, the owner must file an eviction (unlawful detainer) case in court, and only the sheriff can remove you after a judgment.
Sources
- Cal. Code Civ. Proc. § 1167 (response deadline)
- Cal. Code Civ. Proc. § 1161a
- Cal. Code Civ. Proc. § 715.010 (writ of possession)
- California Courts Self-Help Guide: Summons, Unlawful Detainer, Eviction (form SUM-130)
- California Courts Self-Help Guide: Fill out an Answer form in an eviction case
- California Courts Self-Help Guide: Your rights in a nonjudicial foreclosure