Proof of Service question (tenants, eviction, credit, legal)

[Christy Marie]

I live in California San Bernardino County

We were never served our UD papers only papers we got was writ of execution

I was finally able to access my case information online under the proof of service section this is what is says


09/19/2008 PROOF OF SERVICE OF SUMMONS AND COMP FILED ON "Defendant 1"; PARTY SERVED ON %%X% (UD). Not Applicable
09/19/2008 PROOF OF SERVICE OF SUMMONS AND COMP FILED ON "Defendant 2"; PARTY SERVED ON %%X% (UD). Not Applicable
09/12/2008 ON THE UD COMPLAINT <$10,000 OF "plaintiff REAL ESTATE HOLDINGS VII LLC, "Defendant 1"IS ADDED AS A DEFT. Not Applicable
09/12/2008 UNLAWFUL DETAINER COMPLAINT <$10,000 FILED. SUMMONS ISSUED AND FILED. Not Applicable
Minutes



My question is why would they have %%X% (UD). Not Applicable
instead of proof of service filed and a date?

[Ultrarunner]

Originally Posted by Christy Marie

I live in California San Bernardino County

We were never served our UD papers only papers we got was writ of execution

I was finally able to access my case information online under the proof of service section this is what is says


09/19/2008 PROOF OF SERVICE OF SUMMONS AND COMP FILED ON "Defendant 1"; PARTY SERVED ON %%X% (UD). Not Applicable
09/19/2008 PROOF OF SERVICE OF SUMMONS AND COMP FILED ON "Defendant 2"; PARTY SERVED ON %%X% (UD). Not Applicable
09/12/2008 ON THE UD COMPLAINT <$10,000 OF "plaintiff REAL ESTATE HOLDINGS VII LLC, "Defendant 1"IS ADDED AS A DEFT. Not Applicable
09/12/2008 UNLAWFUL DETAINER COMPLAINT <$10,000 FILED. SUMMONS ISSUED AND FILED. Not Applicable
Minutes

My question is why would they have %%X% (UD). Not Applicable
instead of proof of service filed and a date?

Don't know other than there are several ways to serve someone. Personal Service is only one of the ways.

If you believe the writ is improper... you need professional legal representation immediatly. Perhaps you can get a stay?

At this point, I would only rely on the advice of a Lawyer hired to represent you.

[apkapkapk315]

An eviction notice was put on my door 11/03/08. I filed a writ to stay on 11/04 and was evicted on 11/05. I had 10 days to appeal a judgement and the 10th day was 10/30/08 and I filed. Landlord filed a writ of eviction with courts on 10/31/08. Why and how should I have gotten evicted?? What can I do now

[Ultrarunner]

The Unlawful Detainer (Eviction) process takes several weeks, at a minimum, in my state...

Unless you can prove a procedural error or error of fact... I don't know on what grounds you have to appeal. I'm not a lawyer, but every city has free or low cost legal aid for tenants.

I don't know the hows or whys of your situation, other than the property owner was able to convince the court to grant an eviction...

Was your rent current, paid on time. Was the property damaged while under your care? Were you, family members or your guests involved with illegal activity or creating a nuisance?

It could be any of the above or as simple as the owner plans to occupy the home or sell it...

Rarely does it every pay to stay and wait to be evicted... Unlawful Detainers show up on credit/history checks and make it very difficult to find another place.

Your only option may be to stay with family or friends for the time being.