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    cill b's Avatar
    cill b Posts: 1, Reputation: 1
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    #1

    Feb 18, 2014, 10:45 AM
    Being evicted w/o receiving any doc from court.
    Can I be evicted from my home having never received an unlawful detainer or any other legal doc. The landlord put my address & the neighbors name on a detainer,which was found after time allotted to answer had passed(found outside on the ground no where near my home or the neighbors home). The eviction is scheduled for tomorrow morning, is there anything I can do. Anything I can file or etc. I live in california(butte county).
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Feb 18, 2014, 11:32 AM
    You were missed more than one thing then... You missed the notice for the original eviction... then the one for the court hearing to enforce the eviction as well... if the SHerrifs are coming tomorrow to put you and your stuff out this would have been at least the third notice you would have gotten.

    Proof would have been presented to the court both times that you had been served.

    And if the Sherrifs are coming tomorrow (they could show up at any time....its basically too late to get anything done now.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Feb 18, 2014, 12:51 PM
    File an emergency motion to quash the eviction order, contending that you were not properly served. Support your motion with an affidavit explaining things, and be prepared to testify. It might buy you a few days.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Feb 18, 2014, 01:43 PM
    As smoothy said, you needed to receive at least 2 notices. First a vacate notice, second a notice of a hearing to get an eviction order. If you never received one or both of those you can try for an emergency hearing as AK suggests.
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