Default Proceedings in a California Eviction Case

This article discusses how to favorably resolve an eviction case in situations where the tenant fails to respond to the unlawful detainer complaint.  Since approximately 50% of all the cases we handle are decided by default proceedings, it is important for the landlord to understand how this process works. 

After the tenant is served with the Summons and Complaint forms, he or she has 5 business days to file a response with the court (or 15 days if they weren’t served in person).  If your tenant does not file a response on time, we will file forms asking the judge to order the tenant to move out. This is called a default judgment. The tenant can file a response any time before the landlord asks for a default judgment.

Once the default has been entered, the landlord asks for a Clerk’s Judgment of Possession to get possession of the property back.  This process requires completion of several forms, including the Request for Entry of Default, Dismissal of Doe Defendants, and the proposed Clerk’s Judgment for Possession.  This latter form asks the judge to order that you have the right to have your home back. Some courts use a different form for this.  Each jurisdiction is different.

Another required form is the Writ of Possession of Real Property, which is a court order to the sheriff’s office directing the sheriff to evict the tenant.  There’s a fee to issue the Writ of Execution. If you can’t afford the fee, we can ask for a fee waiver on your behalf.   

If you’re also asking your tenant for money, that remedy is sought using separate forms for default money judgments.  Usually, the judgment for possession is done first and on separate forms, because the clerk can process these forms more quickly.  After you’ve received the forms back from the court, take the Writ of Execution form to your county sheriff’s office. This allows the sheriff to go to your tenant’s bank or employer to collect the money owed to you. 

Lynx has significant experience preparing and processing default judgment requests in every California judicial district.  Please call for a quote if you need this service, or for any eviction-related needs that may arise.  We can be reached at 925-237-9216 or toll-free at 888-441-2355.  You can also schedule a telephonic consultation with one of our service representatives by selecting the Calendly button on our website.  Our eviction specialists are standing by to answer any questions you may have.