I filed an unlawful detainer lawsuit against 5 people living in my rental house. I missed unknown occupants from being serve. I had a trial and judgment was issued by the court. When i got the writ for Sharif, it only cover name defendants and it states unknown occupants are not included. How do i fix this? Do I restart the UD complaint against everyone who I already took to court and already have a writ on all of them, or restart UD complaint just against unknown occupant in which case it will be amended complaint. Any help will be greatly appreciated.
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
Technically, you need to re-serve your notice and then file a new UD action; that will cost you some money and take at least 30 days. An alternative may be to speak with these "unknown" people and see if they are willing to accept some monetary payment and move out on their own. Be sure to consult your own attorney to protect your legal rights.
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