Evictions

HOW DO I EVICT A TENANT OR OCCUPANT?

4 STEPS (click to open & close each step)

Por qué debería contratar al Rápido y eficiente Abogado Marshall?El abogado irá con usted a CorteEl abogado preparará todos los documentos necesarios ante la Corte.

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FREE 3 Day Notice!

Free 3 day notice template! Just click the image below

Thumbnail 3 day pay or quit


Mandatory Service of Proper Notice

Professionally served within one business day of payment of $499

• Professional process servers will go to the rental property and serve the tenant the notice that you signed. The tenant has the amount of time specified on the notice to move out. If you promise them more time than what is specified on the notice, we will have to start over. If they try to pay you rent during this time, let us know so the attorney can advise you on if/how to return it.


Filing and Service of Court required papers

Lawsuit papers will be filed within one business day of payment of an additional $2490

• If the tenant does not move out (or pay in full or cure breaches of lease if a pay-or-quit or cure-or-quit is served) lawsuit papers are prepared and filed

• Court typically takes under 5 business days to process the paperwork and issue Summons and Complaint

• After the Summons and Complaint is issued, it goes out for service

• Professional process servers make three different attempts to serve tenants the S&C at 3 different times of day. If tenants are personally served, they have five business days to file a response with the court. If tenants evade service, we will file a declaration of diligence with the court. The court typically approves these within two months and after approving it they will issue for an order to post the complaint to the door. After this is issued a professional process server will post the complaint to the door and the tenant will have 15 days after it is posted to file a response.

• If the tenant does not file a response during this time period, we will file for a default judgment and it goes to the post-judgment phase.


Trial and Motions/Preparation

Trial request will be filed within one business day of payment of an additional $3490 if tenant is not represented by an attorney, or $4490 if tenant is represented by an attorney

• This phase only happens if the tenant files a response after being served the lawsuit papers. In this case, we will file a request for a trial date. The court typically takes a few business days to process a request for trial and trials are typically set for up to 30 days after the request is processed.


Sheriff’s Lockout

Lockout packet will be sent to sheriff within one business day of payment of an additional $1490

•After the judgment is processed, a Writ of Possession is issued and we send that to the Sheriff and they schedule a lockout. Due to the glut of evictions that had been delayed because of covid the sheriff’s schedule is very backed up, so lockouts are typically set for about 45 days after the judgment is processed.


Previous Radio spots

Intelligence Talk - 1170 AM KCBQ SAN DIEGOKCBQ San Diego
Daniel Marshall talks about recent news of a housekeeper that was told to leave the house, and they couldn’t kick her out.  Also squatters living in your house when you have been away?  Getting them out can be more complicated then you think with out the right knowledge. Find out what they should have done differently and more.