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THE EVICTION PROCESS
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The eviction process is an issue that many homeowners may have to go through at least once in their lives when they rent to people that have not had proper background checks. Here is the California Eviction Process per the state code. Update for 2007.
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Coverage: San Diego, Riverside & San Bernardino Counties
• The Eviction Process - Unlawful Detainer Uncontested Possession Package

To start the eviction process in California it will initially include:

1) An Initial Consultation with a specialized attorney, if necessary*,

2) Court Filing Fee (Claim for less than $10,000.00 = $195 up to $210)*,

3) Prejudgment Claim, Unlawful Detainer Package and Court Filings,

4) Service Fee for Two Defendants and Any Unknown Occupants*, and

5) An Attorney will represent you in court for the first hearing (This package does not include a Trial) that is scheduled for your Unlawful Detainer case (First Hour Included).

6) This package is when the defendant Does Not Answer the complaint.

NOTE: This package does not include a trial, which you will be billed for a separate attroneys hourly fee when the case becomes contested (Defendants filed an answer to the Unlawful Detainer).

7) This package does not include the Writ of Possession Fee $15 or the Sheriff's Kick Out Fee of $125 or any other court fees that may need to be paid during the process. Those advances must be reimbursed prior to us filing the required documentation with the court or the Sheriff's office.

8) Any additional court motions or hearings that are filed by the defendant or defendants attorney are at the attorneys hourly fees which will be determined prior to the hearing and must be prepaid.

The Uncontested Possession Package: $625.00 & Up*
Volume Special: $600.00 & Up* (Requires 10 or more cases)

*If your case is above $10,000 for past due rent then the package fee will increase!
Residential cases only!
Commercial cases will include higher package fees and attorney's fees.

• The Eviction Process - Unlawful Detainer Contested Trial Package

To take your eviction process to Trial it will initially include:

1) Trial Preparation of contested matter,

2) Attorneys Fee for the Trial (First Hour Included),

3) Court Filings for all necessary documentation that need to be filed,

4) An Attorney will represent you in court (You must show up for the Trial) for the first hearing that is scheduled for your Unlawful Detainer case (First Hour Included). The average case takes about 1 hour of time.

5) This package is when the defendant Answers the complaint.

6) This package includes the Writ of Possession Fee $15 and the Sheriff's Kick Out Fee of $125, but does not include any other court fees that may need to be paid during the process. Those advances must be reimbursed prior to us filing the required documentation with the court or the Sheriff's office and prior to the Trial and must be prepaid by credit card..

7) Any additional court motions or hearings that are filed by the defendant or defendants attorney are at the attorneys hourly fees which will be determined prior to the hearing and must be prepaid by credit card.

The Contested Possession Package: $695.00 & Up*
Volume Special: $675.00 & Up* (Requires 10 or more cases)
*If your case is above $10,000 for past due rent then the package fee will increase!
Residential cases only!
Commercial cases will include higher package fees and attorney's fees.

The cost for the eviction process can vary depending on which county you live in and what a quilified attorney will charge to take your case.

Each case is usually a little different regarding the attorneys fees and service fees but the normal eviction procedure in California is the following below. Again certain issues may arise and the model below is just a normal example of the eviction process.

Coverage: San Diego, Riverside & San Bernardino Counties
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Please contact a qualified attorney within California or you can speak to your own legal counsel regarding the eviction process. It is not always a pleasent process and that is why we recommend that you consult with a qualified attorney regarding any legal questions you may have about your individual case.

When it comes to a major investment such as your rental property you should always have a legal plan when a tenant does not pay the rent owed, damages your residence, damages your commercial property or other unfortunate events that may arise.

*Filing Fees depend on the amount owed, Service Fees depend on how many defendants need to be served and Attorneys Fees depend on what needs to be done on your specific case and how long it takes to handle your case. One of our specialized attorneys can get most unlawful detainer cases completed in about one hour of time (or longer) and additional attorney fees could be added to your case depending on the circumstances of your case.

Again, please consult with a qualified attorney regarding all legal questions.

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