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Typical "DEFAULT" Eviction(Approximately 70% of all cases filed)
Effective January 1, 2008, the minimum retainer fee to process a typical residential default eviction in Sacramento County is only $600. This covers your attorneys fees of $195 plus court filing fees, service of process fees for up to two defendants, fees for the Sheriff to serve the Writ of Possession and the fees for the Writ of Possession itself. It also includes a money judgment at your request. Specifically, the typical default eviction includes the following services at no extra cost.
- Review of any relevant correspondence to determine legal validity
- Review of "Notice to Quit" to determine legal validity
- Drafting of Summons & Complaint for Unlawful Detainer
- Filing of Summons & Complaint for Unlawful Detainer
- Service of the lawsuit upon the tenant - simple service (up to two Defendants)
- Mailing of "Notice of Service" from the process serving company
- Review of "Proof of Service"
- Drafting and filing of the following paperwork:
- · "Request to Enter Default"
- · "Writ of Possession"
- · "Clerk's Judgment for Restitution"
- · "Instructions to Sheriff"
- Upon client request (after possession is obtained) we will obtain a money judgment
You will also receive:
- Written "Advisement’s & Instructions" at the beginning of each case
Written Status Reports:
- After the tenant is served by the process server
- After the tenant is defaulted
- After the tenant files an Answer with the court
- After the trial of the matter
Typical "TRIAL" Eviction If the tenant does answer the Summons & Complaint, or files opposing papers, there will be an additional fee of $100.00 to obtain a copy of the Answer from the court, set the matter for trial, engage in up to one half hour of trial preparation conference with you and appropriate witnesses, attend a one hour trial, prepare a standard judgment, and process the paperwork through the court system and the Sheriff's office.
- Obtaining and reviewing the tenant's "Answer"
- Notifying the client of the filing of the Answer
- Preparation and filing of a Request to Set Civil Case
- Preparation of the Notice of Time and Place of Trial
- Client trial preparation conference of up to 30 minutes
- Sending a Notice of Trial to the court and to the client
- Court trial of up to one hour
- Preparation of a "standard" Judgment After Trial
- Preparation of the Memorandum of Costs
- Preparation of the Writ of Possession/lnstructions to Sheriff
- Delivery of the Writ of possession to the Sheriff's Office
Potential Extraordinary Services There could be other extraordinary services and costs depending on how we need to respond to what the tenant does or what occurs in the case. The following itemization exemplifies the most typical "extraordinary services" that may be necessary in your case.
- · $25.00 per item
- Preparation of "Satisfaction of Judgment"
- Preparation of "Abstract of Judgment"
- Preparation of "Subpoena"
- Preparation of "Writ of Possession " for Re-posting by Sheriff
- Draft and file "Dismissal"
- Draft "Substitution of Attorney"
- Pre-judgment Claim of Tenancy
- · $50 per item
- Preparation of "Declaration Under Penalty of Perjury"
- Preparation of "Judgment upon Declaration"
- · $100.00 per hour
- Court trial or court hearing preparation in excess of 30 minutes
- Court trial or court hearing that exceeds one hour
- Attorney attendance at court hearing (other than trial) up to one hour
- · $75.00 per item
- Drafting and filing of a "Request for Order to Post Summons & Complaint" (includes $40 court filing fee)
- Preparation of a "Standard Stipulated Judgment/Stipulation"
- Preparation of a "Stipulation for Entry of Judgment"
- Preparation of an "Order after Hearing"
- Preparation of a Subpoena Ducas Tecum (per subpoena)
Extraordinary "COSTS OF SUIT"
- Special service of any type of document
- "Notice to Quit"
- Advanced filing fee for a court motion
- Additional or special service attempts by process server
- Sheriff "Re posting" fee
- Writ of Execution fee - for collection
- Filing fee for "Abstract of Judgment"
- Service upon additional defendants beyond two
- $200 per hour
- Depositions/Interrogatories/Answers to Interrogatories
- Preparation of a Section 8 or HUD Notice to Quit
- Preparation of a "Good Cause" Notice to Quit
- Legal Research
- Points & Authorities
- Drafting Motions and Opposition to Motions
- Settlement negotiations with clients, tenants, and attorneys
- Jury trial preparation
- Jury trial
- Travel Time
- Personal investigation and inspection of premises
- Preparation of a custom Stipulated Judgment/Stipulation
- Personal consultation with Mr. Link
Further, the tenant or tenant's attorney may contact this office to engage in settlement negotiations, or have you answer interrogatories or attend depositions of witnesses. Also, we may be forced to wait for an available courtroom for hours on end, or the trial may take longer than the typical one hour. For the extraordinary services as described in part above, you will be billed accordingly.
If you wish to have a money judgment against your tenant, you must notify the law office for each case after the tenant has vacated; we do not automatically schedule money judgments against your former tenants. Effective January 1, 2008; fees and costs subject to change without notice at option of law office.
As required by California Rules of Professional Conduct - Rule 1-400, the foregoing information does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
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