Claim Of Right To Possession Form PDF Details

In situations where residents of a rental unit face the possibility of eviction, understanding the legal protections and processes available is crucial. The Prejudgment Claim of Right to Possession form serves as a vital tool for individuals who find themselves in this precarious position but were not named in the eviction summons and complaint originally filed with the court. Essentially, this document allows a person who is living in a property subject to an eviction lawsuit, yet not officially named in the lawsuit, to assert their right to remain on the premises. To avoid eviction without a court hearing, it's imperative for these occupants to complete and submit the form within a specific timeframe—usually within 10 days from when the form was served. This submission not only informs the court of their presence and claim to the property but also includes them in the eviction proceeding, where their right to possession will be adjudicated alongside the original defendants named in the lawsuit. Additionally, the form outlines the need for either a filing fee or an application for a waiver of those fees to be submitted, emphasizing the urgency and procedural requirements for those wishing to assert their rights under the law. Failure to act within the specified period results in the occupants' eviction by court order, without further hearing, a stark reminder of the procedural and substantive aspects intertwined in eviction proceedings.

QuestionAnswer
Form NameClaim Of Right To Possession Form
Form Length2 pages
Fillable?Yes
Fillable fields1
Avg. time to fill out42 sec
Other namesaffidavit of adverse possession, adverse possession california, adverse possession forms, sample affidavit of adverse possession form

Form Preview Example

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 date of service shown on this form, 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.

3.If you do not file this form, you will be evicted without further hearing.

CLAIMANT OR CLAIMANT'S ATTORNEY (Name and Address):

TELEPHONE NO.:

FOR COURT USE ONLY

 

ATTORNEY FOR (Name):

 

 

 

 

 

 

 

NAME OF COURT:

 

 

 

 

STREET ADDRESS:

 

 

 

 

MAILING ADDRESS:

 

 

 

 

CITY AND ZIP CODE:

 

 

 

 

BRANCH NAME:

 

 

 

 

 

 

 

 

 

PLAINTIFF:

 

 

 

 

DEFENDANT:

 

 

 

 

 

 

 

 

 

 

 

 

CASE NUMBER:

 

PREJUDGMENT CLAIM OF RIGHT TO POSSESSION

 

 

 

 

 

 

 

 

 

 

 

 

(To be completed by the process server)

Complete this form only if ALL of these statements are true:

 

 

 

 

DATE OF SERVICE:

 

1. You are NOT named in the accompanying Summons and Complaint.

 

 

 

 

 

2. You occupied the premises on or before the date the unlawful detainer

 

(Date that this form is served or

 

(eviction) Complaint was filed.

 

 

delivered, and posted, and mailed by the

 

3. You still occupy the premises.

 

 

officer or process server)

I DECLARE THE FOLLOWING UNDER PENALTY OF PERJURY:

1.My name is (specify):

2.I reside at (street address, unit No., city and ZIP code):

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

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.

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).

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.

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 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.

(Continued on reverse)

CP10.5 [New January 1, 1991]

PREJUDGMENT CLAIM OF RIGHT

TO POSSESSION

Code of Civil Procedure §§ 415.46, 715.010, 715.020, 1174.25

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

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Completing this form generally requires attention to detail. Make sure that all necessary blank fields are filled in accurately.

1. Firstly, while completing the adverse possession claim form california, beging with the form section that includes the subsequent fields:

adverse possession claim form writing process described (stage 1)

2. The subsequent stage is usually to submit these particular fields: I reside at street address unit, The address of the premises, On insert date, the landlord or the landlords, I occupied the premises on the, I was at least years of age on, I understand that if I make this, Filing fee I understand that I, or file with the court the form, CP New January, Continued on reverse, PREJUDGMENT CLAIM OF RIGHT, TO POSSESSION, and Code of Civil Procedure.

Filling out part 2 in adverse possession claim form

Always be really mindful while completing Filing fee I understand that I and TO POSSESSION, because this is the part where a lot of people make a few mistakes.

3. In this specific stage, take a look at PLAINTIFF Name, DEFENDANT Name, CASE NUMBER, NOTICE If you fail to file this, Response required within five, a response to the Summons and, Rental agreement I have check all, a b c d e, an oral rental agreement with the, I declare under penalty of perjury, WARNING Perjury is a felony, Date, TYPE OR PRINT NAME, and SIGNATURE OF CLAIMANT. Each of these will have to be filled in with utmost precision.

Step # 3 in filling out adverse possession claim form

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