Legal Question in Landlord & Tenant Law in California

A little confused

Hi,

My question is :I served a tenant unlawful detainer summons on the 23rd of August and today is the 29th of August , is that 5 days up for her to respond or does the weekend give her an extra 2 days? And if she does not respond do I go back to the clerk and tell them or do they tell me ? Sorry but this is my first time evicting someone in the last 15 years. Thank you for your help.


Asked on 8/29/05, 5:32 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: A little confused

First of all, you shouldn't be serving anything. You should hire a private process service or pay the local sheriff to serve the lawsuit because they would be familiar with the laws on serving lawsuits. Any person over the age of 18 OTHER than a party to the lawsuit may serve the papers.

As the lawsuit was properly by someone other than you, they have calendar days to respond, but the is extend if day 5 falls on a Saturday or Sunday. The would have until close of business on 08/29 to file a response. After that, you can beging theprocess to apply for a default judgement and a writ of possession to boot the tenant out.

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Answered on 8/29/05, 5:52 pm


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