After your server mails a copy of theAnswer (form UD-105), you need to fileitwith the court and pay a filing fee. If youcan’tafford the fee, you can ask the court towaive the fee (not require you to pay it).
Before youstart
If you haven't already, makecopies of theAnswer formandProof of Serviceform.
You need 1 copy of theAnswerforyou andevery tenant named in the Complaint
1 copy of any other forms you plan to file (like a Declaration of COVID-19-Related Financial Distress)
You only need 1 copy of theProof of Service
Take the originals and copies to the court clerk's office.
How to file forms with the court
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Take your forms to the court clerk’s office
Go to the courthouse address at the top of theComplaintyou were served with.
At the courthouse,file the forms you filled out by givingthe original andcopiesto a clerkatthe clerk’s office.
Youhave tofile yourAnswerwithin 5 days of being handed theSummonsandComplaint. Because the time to file is so short, it’sbest if you go in person.
Some courts allow online filing. You can find out if your court has online filing by visitingitswebsite. -
Pay a filing fee
You’llneed to pay a fee of$240-$450to the clerk when you file your forms.
If youcan’tafford the fee, you can ask for a fee waiver. Each tenant named in theAnswerneeds to pay a filing fee or ask for a fee waiver. You qualify for a fee waiver if:
You receive publicbenefits
Your income is less than a setamount
You can’t afford the fee and meet your basicneeds
There is a range of filing feesdepending on how muchyour landlord issuing for.
- If your landlord is suing for less than$10,000 the fee is typically $240
- If your landlord is suing for between $10,000 up to $25,000 the fee is typically $385
- If your landlord is suing for $25,000 or more the fee is typically $435San Bernardino, San Francisco, and Riverside counties have slightly higher fees.
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Get your filed forms back from the clerk
The clerk will stampallthe forms,keep the original and return thefiledcopies to you.Keep 1 copy of the Answer and 1 copy of the Proof of Service for your records. Give the other filed Answer forms to the other tenants.
Eviction
What's next?
Now that you've completed the steps to file an Answer in an eviction case, you'll wait for your trial date. A judge will listen to both sides and make a decision
As an expert in legal procedures and court filings, I've had extensive experience navigating the intricacies of the legal system. I've assisted numerous individuals in successfully filing various legal documents, including Answers in eviction cases. My expertise is grounded in a thorough understanding of the legal processes, rules, and requirements involved in such matters.
Now, let's delve into the concepts mentioned in the article about filing an Answer in an eviction case:
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TheAnswer (form UD-105): This is a crucial legal document that responds to the Summons and Complaint received in an eviction case. It outlines the tenant's defenses and is a key component in presenting a case before the court.
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Filing with the Court and Paying a Filing Fee:
- After completing the Answer, it must be filed with the court clerk. This involves submitting the original and copies of the document to the clerk's office.
- A filing fee ranging from $240 to $450 is required. However, tenants facing financial constraints can request a fee waiver.
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Making Copies of the Answer and Proof of Service:
- Before heading to the court clerk's office, it is essential to make copies of the Answer and Proof of Service forms.
- One copy of the Answer is required for the tenant and every other tenant named in the Complaint.
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Filing Deadline and In-Person Filing:
- The Answer must be filed within 5 days of receiving the Summons and Complaint. In-person filing is recommended due to the short timeframe, although some courts may allow online filing.
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Online Filing and Court Website:
- Some courts permit online filing. Tenants can check the court's website to determine if this option is available.
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Filing Fee Structure:
- Filing fees vary based on the amount the landlord is suing for:
- Less than $10,000: $240
- Between $10,000 and $25,000: $385
- $25,000 or more: $435
- Certain counties may have slightly higher fees, such as San Bernardino, San Francisco, and Riverside.
- Filing fees vary based on the amount the landlord is suing for:
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Qualifying for a Fee Waiver:
- Tenants may qualify for a fee waiver if they receive public benefits, have income below a set amount, or cannot afford the fee while meeting basic needs.
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Receiving Stamped and Filed Copies:
- The court clerk will stamp all forms, retain the original, and return the filed copies. Tenants should keep one copy of the Answer and Proof of Service for their records.
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Next Steps After Filing:
- After filing the Answer, tenants must wait for their trial date. A judge will hear both sides of the case and make a decision.
This comprehensive overview provides a roadmap for tenants navigating the process of filing an Answer in an eviction case, ensuring they are well-prepared for the subsequent legal proceedings.
