Free CP10.5 PREJUDGMENT CLAIM OF RIGHT TO POSSESSION - California



Download Download File ( 35.2 kB)
Excerpt: NOTICE: EVERYONE WHO LIVES IN THIS RENTAL UNIT MAY BE EVICTED BY COURT ORDER. READ THIS FORM IF YOU LIVE HERE AND IF YOUR NAME IS NOT ON THE ATTACHED SUMMONS AND COMPLAINT. 1. If you live here and you do not complete and submit this form within 10 days: of the Calendar No. shown on this form, date of service you will be evicted without further hearing b
NOTICE: EVERYONE WHO LIVES IN THIS RENTAL UNIT MAY BE EVICTED BY COURT ORDER. READ THIS FORM IF
YOU LIVE HERE AND IF YOUR NAME IS NOT ON THE ATTACHED SUMMONS AND COMPLAINT. 1. If you live here and you do not complete and submit this form within 10 days: of the Calendar No. shown on this form, date of service you will be evicted without further hearing by the court along with the persons named in the Summons and Complaint. 2. If you file this form, your claim will be determined in the eviction action against the persons named in the Complaint. : JUDICIAL SUBPOENA 3. If you do not file this form, you will be evicted without Plaintiff(s) further hearing.
CLAIMANT OR CLAIMANT'S ATTORNEY (Name and Address):

COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. :

Index No.

-against-

TELEPHONE NO.:

: : :

FOR COURT USE ONLY

ATTORNEY FOR (Name):

NAME OF COURT:
MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME:

Defendant(s) : . STREET.ADDRESS:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... .....

THE PEOPLE OF THE STATE OF NEW YORK PLAINTIFF: TO DEFENDANT:
CASE NUMBER:

PREJUDGMENT CLAIM OF RIGHT TO POSSESSION

GREETINGS:
Complete this form only if ALL of these statements are true: WE COMMAND YOU, that Summons and excuses being 1. You are NOT named in the accompanyingall businessand Complaint. 2. You occupied the premises on or before the date the unlawful detainer the Honorable at the (eviction) Complaint was filed. located at Countyoccupy the premises. of 3. You still

laid (Date that this form is served or Court

(To be completed by the process server) DATE OF and each aside, you SERVICE:of you attend before delivered, and posted, and mailed by the officer or process server)

,

in room

, on the

day of

, 20

or adjourned date, to UNDER PENALTY OF PERJURY: I DECLARE THE FOLLOWING testify and give evidence as a witness 1. My name is (specify):
2. I reside at (street address, unit No., city and ZIP code):

, at o'clock in the noon, and at any recessed in this action on the part of the

Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. , one of the Justices of the day of , 20

3. The address of "the premises" subject to this claim is (address):

Witness, Honorable Court in County,

4. On (insert date): , the landlord or the landlord's authorized agent filed a complaint to recover possession of the premises. (This date is the court filing date on the accompanying Summons and Complaint. (Attorney must sign above and type name below) 5. I occupied the premises on the date the complaint was filed (the date in item 4). I have continued to occupy the premises ever since. 6. I was at least 18 years of age on the date the complaint was filed (the date in item 4).

Attorney(s) for

7. I claim a right to possession of the premises because I occupied the premises on the date the complaint was filed (the date in item 4). 8. I was not named in the Summons and Complaint. 9. I understand that if I make this claim of right to possession, I will be added as a defendant to the unlawful detainer (eviction) action. Office and P.O. Address 10. (Filing fee) I understand that I must go to the court and pay a filing fee of $ or file with the court the form "Application for Waiver of Court Fees and Costs." I understand that if I don't pay the filing fee or file with the court the form for Telephone No.: waiver of court fees within 10 days from the date of service on this form (excluding court holidays), I will not be entitled to make a claim of right to possession. Facsimile No.:
(Continued on reverse)
CP10.5 [New January 1, 1991]

E-Mail Address:
Code of Civil Procedure 415.46, 715.010, 715.020, 1174.25

PREJUDGMENT CLAIM OF Mobile Tel. No.: RIGHT TO POSSESSION

American LegalNet, Inc. www.USCourtForms.com

PLAINTIFF (Name): DEFENDANT (Name):

CASE NUMBER:

NOTICE: If you fail to file this claim, you will be evicted without further hearing. 11. (Response required within five days after you file this form) I understand that I will have five days (excluding court holidays) to file a response to the Summons and Complaint after I file this Prejudgment Claim of Right to Possession form. 12. Rental agreement. I have (check all that apply to you): a. an oral rental agreement with the landlord. b. a written rental agreement with the landlord. c. an oral rental agreement with a person other than the landlord. d. a written rental agreement with a person other than the landlord. e. other (explain): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. WARNING: Perjury is a felony punishable by imprisonment in the state prison. Date:

..............................................
(TYPE OR PRINT NAME) (SIGNATURE OF CLAIMANT)

NOTICE: If you file this claim of right to possession, the unlawful detainer (eviction) action against you will be determined at trial. At trial, you may be found liable for rent, costs, and, in some cases, treble damages.

-- NOTICE TO OCCUPANTS --
YOU MUST ACT AT ONCE if all the following are true: 1. You are NOT named in the accompanying Summons and Complaint. 2. You occupied the premises on or before the date the unlawful detainer (eviction) complaint was filed. (The date is the court filing date on the accompanying Summons and Complaint.) 3. You still occupy the premises. (Where to file this form) You can complete and SUBMIT THIS CLAIM FORM WITHIN 10 DAYS from the date of service (on the reverse of this form) at the court where the unlawful detainer (eviction) complaint was filed. (What will happen if you do not file this form) If you do not complete and submit this form and pay a filing fee or file the form for proceeding in forma pauperis if you cannot pay the fee), YOU WILL BE EVICTED. After this form is properly filed, you will be added as a defendant in the unlawful detainer (eviction) action and your right to occupy the premises will be decided by the court. If you do not file this claim, you will be evicted without a hearing.

CP10.5 [New January 1, 1991]

PREJUDGMENT CLAIM OF RIGHT TO POSSESSION

Page two

File Size: 35.2 kB
Pages: 2
Date: June 24, 2009
File Format: PDF
State: California
Category: Court Forms - State
Author: Jeff Shea
Word Count: 1,069 Words, 6,388 Characters
Page Size: Letter (8 1/2" x 11")
Embed
URL

http://www.courtinfo.ca.gov/forms/documents/cp105.pdf