This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Wrongful Possession Of Property In Sacramento
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State:
Multi-State
County:
Sacramento
Control #:
US-000303
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Word;
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FAQ
A writ of possession (claim and delivery) directs the Sheriff to seize the property and store it for 10 days.
Small claims basics Generally, you can only sue for up to $12,500 in small claims court (or up to $6,250 if you're a business). You can ask a lawyer for advice before you go to court, but you can't have one with you in court.
Customer service representatives are available at 916-875-4311 or 311 or you can report a complaint on-line. The knowledgeable service representatives at the Information Center will make sure your complaint or concern is routed to the correct County department or division in a timely manner.
Monetary Limits Usually, the most "a natural person" can ask for is $12,500; however, you are limited to filing no more than two claims anywhere in the State of California for over $2,500 in one calendar year. You may file an unlimited amount of claims for $2,500 or less.
The sheriff will give the tenant 5 days to move If they don't move, the sheriff will remove them from the home and lock them out.
Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.
To respond to the eviction case, you start with filling out an Answer or other response forms. Then, you file them with the court. This gives you the chance to tell the judge if there are any legal reasons your landlord can't evict you and tell your side of the story at a court trial.
Draft a legal motion to dismiss, listing all defenses by which the landlord violated eviction laws. File the motion with a request for a court hearing date to decide on the motion. Show up at the hearing with evidence to convince the judge to grant the motion and dismiss the case.
A writ of possession (claim and delivery) directs the Sheriff to seize the property and store it for 10 days.
To respond to the eviction case, you start with filling out an Answer or other response forms. Then, you file them with the court. This gives you the chance to tell the judge if there are any legal reasons your landlord can't evict you and tell your side of the story at a court trial.