Q: I received an Unlawful Detainer from a place I moved out 4 yrs ago. Should I respond and pay the fee?
If I respond to the Unlawful Detainer I have to pay a hefty fee. Will I be successful in recouping those fees if I take the landlord to small claims court, since she is very much aware I don't reside there anymore since 4 yrs ago?
Also, I never signed a lease with the landlord since I was a minor when I moved in and live with my family who is on Section 8 (landlord is trying to evict them). But I graduated, got a job and moved from there 4 yrs ago and removed myself from the program. Section 8 notified the landlord immediately, that I will no longer live there, I still have a copy of that letter.
A:
Sounds strange to me, but I am not familiar with the intricacies of Section 8.
However, regarding the Unlawful Detainer, were you personally served with the complaint? If so, you will need to answer to inform the court that you have not lived there for 4 years. The unlawful detainer does not really exist, since you must be in possession to make it valid. I do not know what fee you are talking about, but the filing fee for unlawful detainer varies depending on the amount being sued for (at least in San Diego County). Up to $10,000 it is $225. If a lawyer is listed on the complaint, call him. Explain the situation. He should dismiss the complaint at no cost to you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
