In a UD (Calif) and with proof of financial stress, can I receive a "fee waiver" and if so, how can I petition?

In California, I need to file a UD. 12/4/11 tenant was personally served and rent not paid. I have Civil Cover Sheet, Complaint, and Summons w/attachments ready for tomorrow. I also completed Claim for Statutory Damages to submit with UD. I filled out Order For Posting of Summons in case of “cat and mouse” play. (I would prefer to have an attorney represent, but husband is unemployed and the mortgage and HOA are more than rent. I’m between rock . . .) Am I missing anything? Can you foresee an obstacle? Is there a checklist? Online search take me to too many sites with legal verbiage, leaving head spinning. With proof of financial stress, i.e., unemployment, mortage amount, HOA, can I receive a "fee waiver"? If so, name of form, please. Thank you.

Chula Vista, CA -

Attorney Answers (3)

Richard C Koman

Richard C Koman

Landlord / Tenant Lawyer - Santa Rosa, CA
Answered

use the request for fee waiver/order forms to get the fee waiver. the form has specific income levels per household size (unless you receive govt benefits.)

no idea what Claim for Statutory Damages but hopefully you're not referring to $600 damages for malicious withholding. dont' do that.

you dont get the order for service by posting until you submit a motion for the order (there's no form for that - it's done on "pleading paper.")

make sure you have proof of service of the notice.

Responses to Avvo questions are based on a general discussion of the law and in no way constitute legal advice. No... more
Frank Wei-Hong Chen

Frank Wei-Hong Chen

Real Estate Attorney - San Marino, CA
Answered

Make sure you are using the (5-day) Summons for Unlawful Detainer.

Yes, you can apply for a fee waiver. See my guide at:

The information presented here is general in nature and is not intended, nor should be construed, as legal advice.... more
Yousef Monadjemi

Yousef Monadjemi

Landlord / Tenant Lawyer - Van Nuys, CA
Answered

Although I understand that finances are tight, unlawful detainer lawsuits can be tricky and one mistake can destroy your case. You should definitely put some time into finding an attorney that is qualified and affordable.

First off, you cannot file a motion for an order to post summons until attempts have been made to personally serve the tenants.

As for the filing, you need the summons, complaint, civil cover sheet and a prejudgment claim of right to possession if you wish to serve all other occupants. There may be other local forms that you may need.

Good luck.

The opinion provided is for informational purposes only and does not constitute legal advice.

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