How many days do I have to leave? 5 Answers as of February 17, 2013

We received a summons for eviction but failed to turn in a answer. So on the summons it says I have 10 days to turn it the answer but the answer form says I have only 5 days, so im a little confused. I looked online and saw that in California it was 5 days. So I failed to turn it in on time if it is the 5 days (I know, horrible move). When should I expect a sheriff at my doorstep?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of John F. Nicholson
Law Offices of John F. Nicholson | John F. Nicholson
If the Plaintiff has not filed for a default you may be able to keep the door open. Check with the court and see if a default is already filed. If not, then you should try to file an answer today because your answer will take precedence over a default if they are filed the same day - at least that is the rule in Los Angeles County.
Answer Applies to: California
Replied: 2/17/2013
Universal Law Group, Inc. | Francis John Cowhig
Your landlord will have to obtain a default judgment and writ of possession before the sheriff can remove you from the premises. Depending on the courthouse, it could take a few days or a few weeks.
Answer Applies to: California
Replied: 2/17/2013
Gary L. Platt, Attorney at Law | Gary Platt
The answer to this question depends on how quickly the landlord's attorneys act. If they file a Request for Entry of Default on the sixth day after service of the complaint (the first day they can legally do so) and if Default is entered promptly by the court, they may file documents which would entitle the landlord to a default judgment and the issuance of a Writ of Possession which could possibly be issued and served by the Sheriff within a few days after the judgment is entered. The entire process COULD be completed within 2 weeks after the complaint was filed, in theory.
Answer Applies to: California
Replied: 2/17/2013
Law Offices of Mark West
Law Offices of Mark West | Mark West
It depends on how the summons and complaint were served on you as to how much time you have. If you were not personally served (i.e. actually handed the documents) then you could very well have longer than 5 days. You should speak to an attorney as soon as possible. If you have a valid reason to fight the eviction then you should file an answer and defend. You should also try to resolve the matter before the sheriff comes to avoid a judgment of eviction on your record.
Answer Applies to: California
Replied: 2/14/2013
Law Offices of Frances Headley | Frances Headley
First check with the court, if a default has not yet been filed you can still file your answer. If the default has been filed you can request the court to set it aside. If you chose to let the matter go to Judgment how long you have will depend upon whether or not the landlord is seeking money as well as possession. A writ of possession could be obtained in a few days after the default has been entered. It would then have to be served and you would have 5 days after service to be out.
Answer Applies to: California
Replied: 2/14/2013
Click to View More Answers: