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An Unlawful Detainer, more commonly known as an eviction, is used when a landlord wants to get tenants out of a rental property - either commercial or residential. Only a sheriff can evict someone. Even if a tenant is months behind on rent, the landlord cannot evict the tenant or get rid of the tenant's belongings.
Substituted Service may be used if personal service has not been successful after several attempts to serve the person. For Substituted Service, copies of the papers are left at the place of residence (home), or normal place of business of the person to be served.
If the papers are not served in the correct way at the correct time, the court cannot go forward with the case. A person is served when they officially receive the papers. Papers which start an action (Summons, Petition, Request for Order, etc.) must be filed first and then served on the other person(s).
Respond to the eviction case by filing a written response with the court very quickly. This means you're going to participate in the lawsuit and fight the eviction. Talk with your landlord and try to come up with an agreement where you can stay in your home.
Request/Counter-Request to Set Case for Trial?Unlawful Detainer (UD-150) Ask for a trial date in an eviction case when the tenant filed an Answer (form UD-105). Get form UD-150. Effective: January 1, 2005. View UD-150 Request/Counter-Request to Set Case for Trial?Unlawful Detainer form.