SUM-130 – Summons – Unlawful Detainer Eviction – California Courts

The form titled “SUM-130 – Summon Unlawful Detainer Eviction” is a legal document issued by the Judicial Council of California, revised as of January 1, 2023. It is utilized in cases involving eviction, specifically in scenarios described as unlawful detainer, forcible detainer, or forcible entry. This mandatory form serves as a summons to defendants (tenants) notifying them that they are being sued by the plaintiff (landlord) and outlines the process for responding to the lawsuit.

The eviction summons California notifies defendants that failure to respond within five days, excluding Saturdays, Sundays, and judicial holidays, could result in a default judgment against them. This might lead to the loss of wages, money, and property without further warning. It emphasizes that neither a letter nor a phone call will suffice as a response; a written response in proper legal form is required. The document also guides defendants to resources where they can find legal forms and information, including the California Courts Online Self-Help Center, county law libraries, and the nearest courthouse.

Furthermore, it alerts defendants to the possibility of obtaining legal representation or assistance through various means, including attorney referral services or nonprofit legal services programs for those who cannot afford an attorney. It also mentions the provision for a fee waiver for those unable to pay the filing fee, highlighting the court’s statutory lien on any settlement or arbitration award of $10,000 or more in a civil case.

The summons for unlawful detainer form is comprehensive in providing crucial information to defendants in eviction cases, including the necessary steps to respond to the summons, resources for legal assistance, and the implications of failing to respond timely.

Filling out the “SUM 130 – Summons – Eviction – California Courts” form can be a critical step in the eviction process. Here is a step-by-step guide on how to fill it out:

For the Plaintiff (Landlord)

1. Court Information

At the top of the form, you will need to provide information about the court. This includes the name and address of the court where you’re filing the eviction lawsuit. This information is often found on the court’s website or by visiting the courthouse.

2. Case Number

Enter the case number if you have it. If you’re just filing the form, the court clerk might assign a case number later.

3. Plaintiff’s Information

In the sections provided, enter your name (or the name of the landlord or property management company suing for eviction), address, and telephone number. If you have an attorney, their information should be entered instead.

1. Defendant’s Information

You will need to list the name(s) of the tenant(s) or occupant(s) you are suing. Ensure the names are spelled correctly as they appear on the lease agreement or any identification you have.

1. NOTICE TO DEFENDANT

This section is pre-filled and informs the defendant of their rights and the process. It emphasizes the urgency of responding to the summons within five days, excluding weekends and judicial holidays.

1. Legal Representation and Fee Waiver Information

This section provides information to the defendant about obtaining legal help and the possibility of a fee waiver. It’s primarily informational and doesn’t require input from you.

1. Unlawful Detainer Assistant

If you received help or advice for pay from an unlawful detainer assistant, check “did” and fill out section 4 with the assistant’s information. If not, check “did not”.

1. Proof of Service

Once the form is filled out, it needs to be legally served to the defendant(s). After serving, complete a “Proof of Service of Summons” (form POS-010) to document that the defendant received the summons.

1. Filing with the Court

Once completed and served, file the summons with the court. You might need to provide the original form along with several copies. The court will keep the original and return the copies to you, stamped as filed. You will need to pay a filing fee unless you qualify for a fee waiver.

1. Notice to the Person Served

This section includes several checkboxes relating to how the summons is served. This part is crucial for the legal process and may require legal advice to ensure proper procedure.

General Tips

• Accuracy is Key: Make sure all the information provided is accurate and matches the details of the lease or rental agreement.
• Seek Legal Advice: If you are unsure about any part of the form or the eviction process, consider consulting with an attorney. Eviction laws can be complex and vary by jurisdiction.
• Keep Records: Keep a copy of all documents filed with the court and any communication between you and the defendant(s) for your records.

This guide is intended to provide a general overview of how to fill out the SUM-130 form. Given the legal implications of eviction proceedings, it is advisable to seek legal advice or assistance when necessary.