Wrongful Possession Meaning In Contra Costa
Description
Form popularity
FAQ
After a judgment of possession is rendered by the court, the judge may then issue a writ of execution to begin the transfer of property. The judgment for possession states the plaintiff has a right to the property; the writ of execution actually begins the transfer process from a judgment debtor to a plaintiff.
If you are: a person (this includes sole-proprietors) you may claim up to $12,500; if you are a Corporation, limited liability company or partnership, you may claim up to $6,250.
There must be a judgment for possession in place first. Once that judgment is secured, however, the victorious party may apply for a writ with the clerk of the court. The application must be accompanied by a declaration in order for the clerk to accept it.
(a) At the hearing, a writ of possession shall issue if both of the following are found: (1) The plaintiff has established the probable validity of the plaintiff's claim to possession of the property. (2) The undertaking requirements of Section 515.010 are satisfied.
The writ is issued by the Clerk of the U.S. District or Bankruptcy Court under seal of the court.
If your tenant won't fix the problem or move out, you'll have to go through the court to get an order for them to move out. The eviction process can take 30 - 45 days, or longer. The time starts from when you have eviction court forms delivered to your tenant to the time they must move out.
If you want to file an Answer (form UD-105) to an eviction lawsuit and defend yourself in court, you'll need to give a defense (the legal reason you shouldn't be evicted). You can have more than one defense. This page explains the most common defenses used in eviction cases.
Shortest Possible Timeline: ~30–45 days if the tenant does not contest the eviction. Average Timeline: 60–90 days, factoring in tenant responses, court delays, and sheriff availability. Extended Timeline: 3–6 months if the tenant appeals, requests a Stay of Execution, or legal complexities arise.
If you think the judge didn't follow the law, you can ask for an appeal. An appeal doesn't stop the sheriff from moving you out of the house while you wait for the appeal. Talk to an attorney if you're considering an appeal.
