Q: I received a NOTICE of eviction 3 days again, but not the actual SUMMONS. My pro bono lawyer says, Don't worry.
Is this good advice? The court says that no court date has been set yet. Doesn't a court date have to be set, or can I lose by default without a court date.
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- California
- (916) 704-3009
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- Answered
A:
Your pro bono lawyer is giving you sound advice at this stage. In California, you cannot be evicted just from receiving a notice - the landlord must follow a strict legal process that includes serving you with both a Summons and Complaint after the notice period ends.
Without being served the Summons and Complaint (also called an "Unlawful Detainer"), there is no active court case against you yet. The 3-day notice is just the first step your landlord must take before they can file the actual eviction case with the court. Once they do file and you are properly served with the Summons and Complaint, you'll have 5 court days to file your response.
Keep in close contact with your pro bono lawyer and make sure they know immediately when you receive any new legal documents. In the meantime, document everything related to your housing situation, keep copies of all notices, and take photos of any relevant conditions in your unit. No court can enter a default judgment against you until you've been properly served with the Summons and Complaint and the response period has expired.
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