If you have received an Unlawful Detainer, aka an ‘eviction lawsuit’, you MUST file an Answer at the courthouse within 5 court days. If you require assistance to fill out an Answer, you need to call an agency (like us!) to help you file an answer to your eviction lawsuit.
If you do not file an Answer within 5 court days, you may lose your case automatically. If this happens, the Sheriff will place a notice on your door that will tell you when they’ll return to lock you out of your home.
How to file an Answer:
- You need to file 3 forms in court to prevent an automatic eviction: (1) Answer, (2) Fee Waiver, and (3) Proof of Service
- Once you complete your Answer using the UD-105 form, you must send the Answer to the landlord (or landlord’s attorney, if they have one). Then, fill out a Proof of Service form (Form POS-030). Please follow the Proof of Service Guide to assist you in this step.
- After completing your Answer and Proof of Service, you should complete a Fee Waiver (form FW-001). If you qualify for a fee waiver, you will not have to pay to file your Answer. If you do not qualify for a fee waiver, then you will be asked to pay the courthouse clerk at the time of filing. NOTE: DO NOT SEND YOUR FEE WAIVER WITH YOUR ANSWER AND PROOF OF SERVICE TO YOUR LANDLORD.
- Then, you must file your Answer, Fee Waiver, and Proof of Service (forms UD-105, POS-030, and FW-001) with the Alameda County Court. Bring 2 copies of your paperwork, if you can. The courthouse clerk will take one copy and give you back the other copy with a stamped date of filing. You can go to either of these courthouses to file:
René C. Davidson Courthouse 1225 Fallon St.
Oakland, CA, 94612
Hayward Hall of Justice,
24405 Amador St.,
Hayward, CA 94544
After you’ve filed your Answer, Proof of Service, and Fee Waiver with the court and obtained your stamped copies, please call an eviction defense agency (like us!) as soon as possible to schedule an Appointment to File an Amended Answer. This will allow you to better defend yourself in court.
What can I expect in my eviction case?
This eviction flowchart outlines the lawful due process for an eviction lawsuit, starting with an “eviction notice” followed by an “eviction lawsuit”.
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