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HELP PLEASE I Only have 4 days to answer unlawful retainer summons

Asked Feb 14, 2012, 05:50 AM — 15 Answers
I have just been served a unlawful retainer summons and have only 4 days to answer. Back in June of 2011, I was handed a 60-day notice to quit. A new friend of my landlords wanted to move in real bad. He had just been evicted from where he lived with an unlawful detainer and decided to show my landlord how it was done. He downloaded it, filled it out (for the exception of landlords signature) and gave it to me. Actually, this guy tried everything to get me kicked out so he could move in. Anyway, seven month later, my landlord (71)decides he wants this 22 year old to move in when she gets out of jail in two weeks so he serves me this summons with a 60-day notice filled out by this guy. Only this one has the landlords signature. Imagine that? But it is not the same one I received and the landlord is stating that I received that one. I kept my copy. It is an original. His is a copy of a different one. I don't know what to do. Somebody HELP please

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15 Answers
ScottGem's Avatar
ScottGem Posts: 58,147, Reputation: 28160
Computer Expert and Renaissance Man
  
#11

Feb 16, 2012, 01:33 PM


OK, Then you respond to the court that you never received a valid vacate notice until you received the copy that accompanied the summons. That you request a hearing to refute the charges in the summons.

Then you go to court and point out all the facts that you have related here. Tell the judge you are willing to vacate, but you want your 60 days to do so.
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LKEWON's Avatar
LKEWON Posts: 33, Reputation: 10
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#12

Feb 16, 2012, 10:01 PM
Beautiful, Thank-you everyone. Sorry to be so confusing. Wish me luck.
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AK lawyer's Avatar
AK lawyer Posts: 9,941, Reputation: 4217
Expert
  
#13

Feb 17, 2012, 07:34 PM
Quote:
Originally Posted by LKEWON View Post
Let's see if I can make a long story short and make sense at the same time. ...
The homeowner is Gene. ... So Mark instigated that Gene kick me out ... On June 9th, Mark was on the computer here at the house downloading a 60-day notice from express evictions. He proceeded to fill it out, filling in the date where
Gene should have signed it and handed it to me.
...
So,Gene served me a unlawful retainer summons on Feb. 13 2012.Only eight months later. But the kicker is, the 60-day notice attached to the summons is not the one I was given. This new one is the same as the one Mark handed me but actually has Genes signature where it belongs and Mark filled out the part on the serving it. Way back when.
Why is it that when a post begins with "long story short", it's really a short story long?

I have removed, as quoted above, the portions that we really don't need to know.
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LKEWON's Avatar
LKEWON Posts: 33, Reputation: 10
Junior Member
  
#14

May 5, 2012, 09:46 PM
Quote:
Originally Posted by ScottGem View Post
OK, Then you respond to the court that you never received a valid vacate notice until you received the copy that accompanied the summons. That you request a hearing to refute the charges in the summons.

Then you go to court and point out all the facts that you have related here. Tell the judge you are willing to vacate, but you want your 60 days to do so.
Just wanted to give an update on the outcome of my unlawful detainer action. After the summons was served, I answered it within the time frame of 5 days then a court date was set for a hearing. I took all of my accounts and expenditures, pictures, spreadsheets I had logged for 5 years and the judge awarded me an additional six weeks to move out. It just goes to prove that the 7 "P"s my father always told me, prior proper planning prevents piss por performance really helped. Along with the advise of all of you who are so knowledgeable. I thank you.
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joypulv's Avatar
joypulv Posts: 11,970, Reputation: 9216
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#15

May 6, 2012, 04:35 AM
Thanks for letting us know.
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AK lawyer's Avatar
AK lawyer Posts: 9,941, Reputation: 4217
Expert
  
#16

May 6, 2012, 04:50 AM
Quote:
Originally Posted by LKEWON View Post
... It just goes to prove that the 7 "P"s my father always told me, "Prior proper planning prevents piss-poor performance "...
And you added another couple of "P"s: "plus photographs". Good work and thanks for the update.
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