Do you need more time in your home?
Don't Just Sit There! We Can Help!
You Have Rights to Stay Longer!
Have you been served With
One of These Documents Yet?
- 3 Day Notice to Quit
- 30 Day Notice to Quit
- 60 Day Notice to Quit
- Notice to Vacate
- Unlawful Detainer
- Sheriffs Lockout
We can STOP or DELAY EVICTION. Whether you are a homeowner or a tenant you have rights. It doesn't matter if you have received a 3 day, 5 day, 30 day, 60 day or 90 day notice, Unlawful Detainer or a Sheriff's Notice to Vacate.
You may be living in a property that was foreclosed on or be late with rent payments. Don't panic. We can help you NOW.
If you receive a Summons and/or Complaint for Unlawful Detainer (eviction lawsuit), you have 5 calendar days to respond or the landlord can ask for a default judgment and you will lose your chance to contest the eviction. Every day counts! To receive help filing a response you will need to send the Summons and Complaint as well as any other documentation you have to us for help. We will go through everything with you and review and explain the eviction process.
We help people that have lost their homes to foreclosure and still are not ready to leave. At AHA we will protect your rights to stay in your home as long you can. Many of us have been caught up in this struggling economy and just don't know what to expect. We will keep you informed every step of the way. Don't just give up without a fight! In many cases we can still negotiate "cash for Keys" even after you received an eviction notice.
In the most extreme cases our client was able to stay in their home one year after receiving their 3 day notice!
If you have ignored all of the notices and summons from the court and now are faced with a Sheriffs lock out notice. In most cases we will be able to help, don't wait call us now we should be able to gain you more time.
With our Eviction Defense program we will assist you in responding to all requests, demands, motions and filings.
How We Stop Foreclosure Evictions
Some of the legal action and various motions we use to delay evictions and get you additional time are as follows:
Motion to Quash
A Motion to Quash is an action filed in court that contests the propriety of the service of process when the summons and complaint was served on the defendant. The motion appeals to the court to reject service of the summons and complaint and if granted by the court the Plaintiff is required to re-serve the documents on the Defendant. This legal action can add an additional 30 days or more to the time an unlawful detainer takes.
A demurrer is a pleading in a lawsuit that objects to an earlier pleading filed by an opposing party. The word demur means "to object"; a demurrer is the document that makes the objection. Typically, the defendant will demur to the complaint, but it is also possible for plaintiff to demur to an answer. The demurrer challenges the "legal sufficiency" of a claim, cause of action, or defense. If a cause of action does not state a perceptible claim, or if it does not state every required element, then the complaint can be squashed with a demurrer. A demurrer is filed in the beginning of a case.
Motion to Strike
A motion to strike is filed to challenge the legal sufficiency of the landlord's complaint for an Unlawful Detainer. It essentially says that the landlord has no case and you want it stricken. If the demurrer raises valid issues in the Unlawful Detainer complaint, the landlord can amend the complaint to correct the alleged defect. Usually, the demurrer has no merit, but the landlord's attorney must file a written opposition and appear at the court to argue it. Typically, most judges will deny the tenant's demurrer and order the tenant to file an answer within five days. When a demurrer is filed the effect of the demurrer is to delay the case another 2-3 weeks and buy more time.
Motion for Summary Judgment
After you file your Answer, the company's lawyer will probably file a Motion for Summary Judgment. You have 21 days to file an opposition to this Motion. You should try to get legal help with drafting and filing your response. This is complicated and very difficult to do without legal help. Our Paralegal staff will see that your opposition to the motion is properly drafted and filed. So make every effort possible to find legal help right away.
Petition for Writ of Mandate
A petition for writ of mandate, also commonly known as a petition for a writ of mandamus, is a document filed with a court that requests an order directing a governmental agency or representative to perform a required function. In the alternative, a petition for writ of mandate can be filed seeking a court to order a governmental agency or representative to stop doing something that it has no legal authority to do in the first instance.
Answer to Complaint
This is the most common filed by tenants and means that they want to go to trial. Many answers will not have merit but some may have legitimate defenses that will have to be analyzed by the property owner to determine the most practical course of action. This is usually the case where there are fair housing issues, severe habitability problems, or other issues, which will cause the landlord to lose the case such as technical defenses.
The court is required to set the trial within 20 days of receiving the request for trial. When the landlord meets their burden of proof at trial and the tenant fails to present any evidence to defeat the landlord's case, the court will award the landlord possession of the premises, forfeiture of the rental agreement, damages for past due rent, attorneys fees if applicable, and court costs.