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How to fill out unlawful detainer s Form: What You Should Know

The service must be made by calling on or delivering a copy of the documents to the tenant by either: Delivery/pick-up from a local branch at any branch (the City of Oakland office can serve), or by having a notarized copy of the legal process completed and delivered and signed by the clerk. Call and Complete The Legal Claim Form You must complete a Legal Claim Form if you want to receive your portion of the fee or if you want to request a jury trial. This is the last step.  (NOTE: You may be able to request a jury trial if it is requested. Call the San Francisco County Clerk's Office at 415.974.7778 for assistance.) 3. If you have already filed a request for a jury trial, but a jury has not been selected, you should make a request. You will be asked to describe the alleged wrong; the defendant; the facts alleged; and provide relevant information to substantiate the charge. The Judge shall then determine whether a jury should be selected. The court is not empowered to decide upon the validity of any claim that is not before the judge. However, for reasons of justice, the court shall, at the conclusion of the trial, state in writing that it is resolved the case; and direct the Judge to enter verdicts. In the event a jury trial is not requested, the Judge will not enter judgments of any kind. The court may accept an argument on the merits of the claim. It is not necessary; nor is it necessary to demonstrate that the claim has merit. The issue then must be referred to the jury. You need not appear in person. The Legal Claim Form gives you instructions on how to complete the legal claim in court. The form and the instructions will be provided to you by the Clerk's Office and are placed on your court files. Please read carefully. If you cannot understand the instructions, please call the Department of the Courts. Instructions for Legal Claim Form Legal Process for San Francisco County (Court Documents) You can view, download or print a copy of any court document for yourself.

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Video instructions and help with filling out and completing How to fill out Unlawful Detainer Forms

Instructions and Help about How to fill out Unlawful Detainer Forms

Hi, I'm Steve Silverstein. I'd like to talk to you about the process of the unlawful detainer. It is mysterious, and I'm going to help you navigate through this process. An unlawful detainer is a form that is about four pages long. It can be typed up by your attorney or filled out yourself. After your notice expires, the unlawful detainer is filed and given to a process server. The process server then files it with the court and attempts to serve the person personally. If the process server serves them personally, they have five days to respond. If it is served to a person of suitable age and discretion, and a copy is mailed, they have 15 days to respond. If the tenant is evading service, an order called an order to post is required. This allows us to post a copy on the door and mail a copy by certified mail. This process takes about 15 days. Often, tenants will resort to this tactic when they hear that the landlord intends to evict them. They think that by evading service, they can prevent the eviction. These tenants are usually street-smart and knowledgeable about the process, so it's important to be strategic. Once the tenant has been properly served, they have either five or 15 days to respond, depending on the method of service. If the tenant files an answer, then a trial will be scheduled. During the trial, both you and I will present our case, which usually takes about 15-20 minutes for a typical eviction. If you win the trial, the next step is obtaining a writ of possession. This is the court's order that gives you back your property. Typically, you will need to pay $25.00 for the writ of possession. The clerk will fill it...