Unlawful Detainer and 5 Day Notice to Evict

We can delay your Unlawful Detainer..........You have 5 days in most cases to respond to an Unlawful Detainer.......If you have an Unlawful Detainer filed against you and you don't respond to the compliant then a default will be entered against your property address. Unlawful detainers are filed after a 3,30,60 day notice has been issued. We have Lawyers that have over 5,000 Unlawful Detainer trial experiences. We start off with answering your Unlawful Detainer summons and Complaint (in pro per) then when the court date appears you have choices to explore:

1.....Not go to court

2...or.........Hire one of our highly skilled Unlawful Detainer Trial Attorneys to appear in court with you to work out the best deal on your behalf.

In most case our lawyers can settle these cases where the eviction will never appear in a Credit Agency report, averting negative information and reflecting "NO Money Judgements"..................

If you have received an Unlawful Detainer Notice your best course of action is to please call us immediately.
888.826.8886

IMPORTANT: When you receive a 5 notice of unlawful detainer you have 5 days for us to respond to the complaint. After that the Plaintiff that filed your eviction notice will set a court date for the Eviction trial. If you want to go to court on the Eviction trial date we suggest that you hire one of our experienced eviction attorneys to get your case sealed (where no one can see you have been evicted) and to work out a settlement that satisfies both parties.

Please contact Eviction Stopper for immediate assistance if you have received notice of Unlawful Detainer or a 5 Day Notice to Evict. Call 888.826.8886 for help now.

We can get you at least 30-60 days longer in your home.  

 

"innocent people can be served with an
Unlawful Detainer"

There are many people who may get caught up in situations not in their control. This may include being caught up in a foreclosure situation, being falsely accused of wrongdoing, or having payments not acknowledged or wrongfully refused.
Even innocent people will be found guilty if they do not defend themselves.

If served with court papers, you should not avoid the matter.

Failing to respond properly and timely means that you are officially admitting "guilt" and are agreeing to be evicted with a long term bad credit record. Just moving out (or moving your business out) to avoid a Sheriff lockout will not help at all. In fact, it only makes matters worse. Running from this problem will not work.
Tenants facing court eviction must take the matter seriously and act promptly to protect valuable rights. Remember, if served with UNLAWFUL DETAINER papers, you MUST respond timely (5 days if personally served) or you will
LOSE the case and be evicted, even if you are innocent!!
If served with an Unlawful Detainer, you should not rely solely on any self help system.

Self representation almost always results in losing the case regardless of the tenant's "innocence" of the charges. Self help computer programs, forms or devices look official and seem to be the right thing to do but they are not.
Such self help responses to Unlawful Detainers will mislead and allow the tenant to select and include worthless defenses or, even worse, defenses that actually cause the loss of the case.
Landlord lawyers routinely take advantage of these tenants in court. Tenants show up in court with their self help prepared papers and are either intimidated to agree to a very bad settlement or they just go in front of the judge and promptly lose the case.

In any court eviction case, it is very important to seek professional legal assistance.
This is true regardless of how good their case was. The legal system is just not set up to give an unrepresented tenant a fair trial. There are too many technicalities and other factors involved. This is a sad but true fact. To see for yourself, simply visit any eviction trial department and watch the tenants representing themselves either (quickly) lose their cases or agree to bad settlements in the landlords favor.
After losing at a trial, tenants leave the court wondering what just happened and cannot understand how they lost. They ask why it is so unfair. The other tenants who agreed to bad settlements leave the courthouse not knowing just how bad that deal was.
At 1Eviction.com and the lawyers that we provide will win or settle (with a dismissal), better than 98% of all our eviction defense cases.

Tenants should avoid communications with the landlord's attorney.

You may want to resolve an eviction lawsuit you received and the landlord tells you to call their attorney. [That should be a warning flag NOT to take the advice of the landlord who just sued you!!] Their attorney may ask that you send a letter explaining your version of the case or to make them a proposal to settle the matter.
This is very dangerous since in most cases, they will just use your well intentioned efforts and words against you. This is because you are not aware when you make statements that seem harmless but actually admit legal "guilt" in the case, but they are.
To avoid the risk, it is better to confine such communications as between tenant and landlord only. When attorneys get involved, their attorney should only talk to your attorney.
To protect your rights, you must file a response within the time required by law. If you don't, you will lose the case automatically (by default).
It is anticipated that the attorney will need to promptly prepare and file an amended (corrected) response to protect your rights.

Our Services VS. Self Help Methods
Our attorneys can Read and evaluate the eviction notice of the landlord to check for defects or:
Analyze situations where there are more than one notice where one may cancel out another.
Analyze situations where there are past notices which can affect later ones.
Research the landlord to see if he/she is properly named as the Plaintiff.
Read letters and notes from the landlord which may dramatically change the nature of the case.
Review photos and listen to or view recordings.
Review past history of the landlord.
Make tactical decisions in handling a case.
Make tactical decisions about what NOT to put in your court papers.
Make tactical decisions in working toward a settlement with a win - win outcome while still protecting your rights.

Self help materials seem like a cheap and easy way to go but it is not. Self help methods of responding to or defending eviction cases have spelled doom for almost all tenants who have tried that system.
Can I represent myself in an eviction trial?

In a word, NO you should not. Trials are very complicated. You must know the rules of evidence and trial procedure. A smoking gun document that you are convinced will win the case is worthless if the judge will not admit it into evidence.
Presenting your own case in court without representation has proved to be a very disappointing and traumatic experience. Without specific and skillful knowledge of complex rules of evidence and court procedures, your evidence may never be heard, no matter how "good" it was. Witness statements could be worthless if not presented properly.
You will be unable to effectively challenge or prevent opposing, damaging and sometimes even false evidence against you from being heard by the judge. You have very little chance under these "battle" and pressure conditions, even with a good case.
Unfortunately it has become painfully clear that when tenants represent themselves in any eviction court action, they will almost always either lose the case or agree to a bad settlement, regardless of what rights they had.
This means that tenants should not represent themselves in any court eviction case.

Common Questions
Can I use Self Help/Online tools to protect my rights in legal matters?
Education is very important. Knowledge is power, but to a limited degree. The law is very much like the health field. There are many things we can do on our own to protect and promote our health but when we are truly sick, we need to see a doctor. In the law, there are things we can do to protect our rights without needing a lawyer. For example, we can be sure to read and understand documents before signing them.
We can put oral agreements in writing so they can be enforced When problems arise, we can document them and send letters to confirm problems or conversations about resolving them. However, when legal documents are served or when action is threatened or commenced, it is time to get specialized legal assistance right away. If you attempt to "self help" after this point, you can easily say or do something (or fail to do something) that will cause the permanent loss of valuable rights.
Shouldn't we all have equal rights with the court system?
Of course we should, but we don't. It is a noble goal to afford all citizens equal rights with our courts. In a perfect world, we would not need lawyers to interpret and use the law to protect our rights. All persons, rich and poor, would have equal rights and equal treatment by the judicial system.
Unfortunately, we do not live in a perfect world. The system is very complicated and good legal assistance and representation can easily make the difference between winning and losing any case. Justice only comes with power and power comes from having a good attorney. You need only look to the news on T.V. or read the newspaper to see numerous examples of this.
We all know that people with powerful attorneys have very different results in almost any court proceeding than those without such power.
Can I just do my own legal research and follow a book's advice?
Educating oneself in any area of the law is commendable. The problem with Landlord-Tenant law is that the world of books and the real world of courts do not always agree. Many times a book may tell you that there is a law or procedure available but not how it may or may not apply to your specific situation in the real world.
Using such books and materials to learn about your rights is a good thing, but acting on that research without legal advice is just too risky. Your idea of uninhabitable conditions may be a landlord's idea of a luxury accommodation. Your idea to withhold the rent may be met with an eviction lawsuit where a judge may not agree with your idea of habitability meaning that you lose. No second chances to pay that withheld rent. (Ouch!).
Can't I plan on representing myself in an eviction court case?
First of all, representing yourself in a Court Lawsuit is not a good way to protect your rights. You have probably heard "A lawyer who represents himself has a fool for a client." Doctors know better than to treat themselves. The same goes for tenants facing a court eviction.
Keep in mind that almost all tenants who represent themselves lose the case or agree to a bad settlement.
Can't I prepare my own Answer to an eviction case using self help materials?

The simple answer is that you should not. There are various "self help" publications and programs available which are valuable tools to help understand what is going on with these situations, but they cannot handle a case.
Although many of them will tell you the basic law, they generally do not give you the greater view of how those rights work in the real world along with the risks involved. They lack the ability to individually evaluate your unique specific situation and render individual advice.
Computer programs, machines or devices that offer to help you "do it yourself" are very dangerous and NOT recommended. These systems include certain predetermined "rights" or defenses that may have nothing to do with your case. Some defenses, if raised, can actually hurt your case. Others will not apply to you even though they seem like they should.
These "official" looking responses only lull you into a false sense of security that you have responded properly when, in fact you have not. As to using these methods, you will have better luck with a slot machine than one of these.
Self help books and computer generated responses to evictions cannot replace an experienced attorney. Seek legal assistance right away if you receive court eviction papers! These cases are too important to risk losing your rights, your home and your ability to be able to rent places in the future.
With good legal help, the results are opposite.We see that about 99% of tenants who have done their own court response papers, even with official looking computer assistance devices and then appear in court themselves, lose their case or agree to a bad settlement.
What else is wrong with using self help materials?
These materials, form books, computer programs or devices are unable to do the following (which are all important in handling a case);
Read and evaluate the eviction notice of the landlord to check for defects.
Analyze situations where there are more than one notice where one may cancel out another.
Analyze situations where there are past notices which can affect later ones.
Research the landlord to see if he/she is properly named as the Plaintiff.
Read letters and notes from the landlord which may dramatically change the nature of the case.
Review photos and listen to or view recordings.
Review past history of the landlord.
Make tactical decisions in handling a case.
Make tactical decisions about what NOT to put in your court papers.
Make tactical decisions in working toward a settlement with a win - win outcome while still protecting your rights.
Self help materials seem like a cheap and easy way to go but it is not. Self help methods of responding to or defending eviction cases have spelled doom for almost all tenants who have tried that system. It is like drinking salt water when you are thirsty. It may help for the moment, but things will only get worse.
Can I represent myself in an eviction trial?
In a word, NO you should not. Trials are very complicated. You must know the rules of evidence and trial procedure. A smoking gun document that you are convinced will win the case is worthless if the judge will not admit it into evidence.
Presenting your own case in court without representation has proved to be a very disappointing and traumatic experience. Without specific and skillful knowledge of complex rules of evidence and court procedures, your evidence may never be heard, no matter how "good" it was. Witness statements could be worthless if not presented properly.
You will be unable to effectively challenge or prevent opposing, damaging and sometimes even false evidence against you from being heard by the judge. You have very little chance under these "battle" and pressure conditions, even with a good case.
Unfortunately it has become painfully clear that when tenants represent themselves in any eviction court action, they will almost always either lose the case or agree to a bad settlement, regardless of what rights they had.

This means that tenants should not represent themselves in any court eviction case.

Why can't I negotiate with the landlord's attorney?
With effective representation, there may be no trial since your own attorney can settle the case out of court. The landlord's attorney will respect a good tenant defense lawyer and back down from their hard line eviction plans and settle a case.
They know that we know the laws and their technical tricks and tactics. They do not want to risk losing the case and then maybe losing that client!! (Landlords do not like to lose) They are motivated to settle the case with us on favorable terms (for both sides).
They cannot and will not treat an unrepresented tenant the same way as a represented one. They are not concerned about unrepresented tenants since they pose no real risk to them of interfering with their plans of winning a quick eviction. They are duty bound to get the best result possible for their landlord client.
That means a quick eviction or talking the tenant into a bad settlement (for the tenant!). At 1Eviction.com, we consistently achieve favorable results/settlements for our clients. Some settlements are even better than winning at trial!

What can I do if I represented myself at trial and lost?
If you lost your case at trial, your options are very limited. You can appeal but statistically that has not been a successful method of post trial procedure. Since appeals are costly with little chance of success, we generally do not handle those matters. There are other procedures available besides appeal including a motion for a new trial. This is difficult but not impossible and we have achieved some success with this procedure.
We have also successfully negotiated post trial settlements with the landlord's attorney to vacate (cancel) the judgment even after the tenant lost the case. Under certain circumstances, a motion can be made to reinstate a tenancy with a special post trial petition.
These options are available but there are costs and risks involved which may all be avoided by simply retaining an attorney prior to any trial. It is easier to resolve the matter with good legal help than trying to undo the damage after handling the case on your own and losing in court.

What can I do if I made a bad settlement with the Landlord?
It is very difficult (i.e. almost impossible) to undo a settlement made at court, even a bad or unfair one. It will be a binding agreement, in writing, and signed by you and the Judge. In most cases, you even state in court that you understand and agree to the deal.
In these cases, you are usually stuck with the settlement. We have had some success renegotiating these bad deals but it is a risk and expense easily avoided. Retain an attorney before the court date and let him/her make a good settlement for you protecting your rights.
Stop Your Eviction Now!! Call Now!! Know Your Rights!!
If you have received an eviction notice, there are certain things you must do immediately. 1Evictions.com can help you deal with the process. We can keep you in your place for an average 75 days, saving you rent during this period. You should know the process of defending an eviction.


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