I was recently served an Unlawful Detainer by the son of the Landlords attorney. He served me on the 18th of April but claimed to the court through his documentation that he served me on the 16th! When I went to the court house to file my Answer to the Unlawful Detainer the clerk told me a Default had been requested and granted against me the day before because I had not filed my answer within the 5 day period allotted to me. Now I have been served by the Sheriffs dept and have till Monday the 19th to be out. The entire eviction process is suspect... the landlord (I believe) has used "Self Help" measures to get me out including, having my power turned off (I pay the bill), illegally towing my car from an unmarked parking space used by many other tenants, as well as towing a friends truck right out of my garage! Then she locked me out of my own garage for two days! She has spread vicious lies about me to other tenants as well as raising ONLY my rent just prior to giving me a hand typed "30 EVICTION Notice" alleging I took a bathroom door out of one empty unit in order to swap it out with my own damaged door! NEVER HAPPENED! She prorated my rent for "eviction", refused any further payments for extended duration of tenancy. She waited a month in a half till my husband left and attempted to have her husband serve (co owner) serve me with proper notice and 3 day pay or quit! Now Im about to be homeless with two small children! What can I do about this process server and the landlord? HELP!
Also, I would like to know how to track how many times an unregistered process server has served legal documents in the last year and or prior years.
How do I handle the perjury committed by this kid/son of acting attourney
Kirsten E
So. California

Go back to the court immediately and file a motion to vacate the default judgment and a motion to stay the eviction. Then you should be given a new court date and you'll have the opportunity to tell the judge everything. Make sure you let the judge know that the landlord had your utilities turned off even though the bill is in your name. That is illegal.

[QUOTE=customkirsten]I was recently served an Unlawful Detainer by the son of the Landlords attorney. He served me on the 18th of April but claimed to the court through his documentation that he served me on the 16th! When I went to the court house to file my Answer to the Unlawful Detainer the clerk told me a Default had been requested and granted against me the day before because I had not filed my answer within the 5 day period allotted to me. Now I have been served by the Sheriffs dept and have till Monday the 19th to be out. The entire eviction process is suspect... the landlord (I believe) has used "Self Help" measures to get me out including, having my power turned off (I pay the bill), illegally towing my car from an unmarked parking space used by many other tenants, as well as towing a friends truck right out of my garage! Then she locked me out of my own garage for two days! She has spread vicious lies about me to other tenants as well as raising ONLY my rent just prior to giving me a hand typed "30 EVICTION Notice" alleging I took a bathroom door out of one empty unit in order to swap it out with my own damaged door! NEVER HAPPENED! She prorated my rent for "eviction", refused any further payments for extended duration of tenancy. She waited a month in a half till my husband left and attempted to have her husband serve (co owner) serve me with proper notice and 3 day pay or quit! Now Im about to be homeless with two small children! What can I do about this process server and the landlord? HELP!
Also, I would like to know how to track how many times an unregistered process server has served legal documents in the last year and or prior years.
How do I handle the perjury committed by this kid/son of acting attourney


Lisa took care of what to do next and the legality/illegality of the eviction.

Okay - the process server - there is almost no way to track down the activities of a process server, what he/she has served, how many services have been questioned, how many have held up in Court. I don't know what you mean by an unregistered process server. There are various categories in California ranging from Police Officers to Licensed Private Investigators to registered process servers. Which category was the server in? Once you know that you know where/how to report the false Affidavit.

In NYS process servers keep a journal of what is served, where, when, how in the event process is questioned BUT the info on services provided to one law firm is confidential to that firm and is not available to any other party unless it is subpoenaed.

As Lisa said - you have to go to Court and fight, present an argument concerning the service and attempt to get it set aside. It will buy you time because if the landlord wants you out you will simply be served again.

Lets put this in some perspective. Your landlord clearly wants you out. For more than 30 days she has been abusing you. So why haven't you found a new place to live? Why would you want to stay there?

I can understand if you need more time to find a new place. Then doing what Lisa said will buy you some time. But, if your lease has expired and she wants you out, then out you go.

Once you have moved (and make sure you do a walkthru witnessed by a third party), you can then file suit against the landlord. As Lisa noted, shutting off utilities, locking you out, etc. are illegal.