This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Wrongful Possession Of Property In Los Angeles
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State:
Multi-State
County:
Los Angeles
Control #:
US-000303
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FAQ
5) Given by a landlord to a person they're trying to evict when they don't know their name.
There must be a judgment for possession in place first. Once that judgment is secured, however, the victorious party may apply for a writ with the clerk of the court. The application must be accompanied by a declaration in order for the clerk to accept it.
In California, for a person to claim adverse possession, they must demonstrate that they have been in continuous and exclusive possession of the property for at least five years, openly and notoriously, and under a claim of right or with the belief that they have the legal right to possess the property.
After a judgment of possession is rendered by the court, the judge may then issue a writ of execution to begin the transfer of property. The judgment for possession states the plaintiff has a right to the property; the writ of execution actually begins the transfer process from a judgment debtor to a plaintiff.
The writ is issued by the Clerk of the U.S. District or Bankruptcy Court under seal of the court.
States the court's order to the sheriff to take and hold property that the plaintiff claims is theirs but that the defendant is wrongly keeping. Also gives defendants information about their rights.
The only thing you can do at this point is file a Motion to Stay Execution of Writ of Possession. This motion will put the execution of the eviction order on hold for up to 10 days.
A party in whose favor a judgment of possession has been rendered may obtain from the clerk a writ of possession directing the sheriff to seize and deliver the property to him if it is movable property, or to compel the party in possession to vacate the property by use of force, if necessary, if it is immovable.
If no one owns the land, contact your state's unclaimed land division and stake your claim. If you qualify, ask the land department how to take possession of the land and secure the title in your state.
1 - In order to acquire title by adverse possession, the claimant must prove, by clear and convincing evidence,... that for the statutory period 'his use of the land was continuous, open and notorious, exclusive and hostile to the true owner.
More info
Complete this form only if ALL of these statements are true: 1. You are NOT named in the accompanying form called Writ of Possession.(Include in this statement whether any part of the claimed property is within a private place that may have to be entered to take possession. Think your rent is being illegally increased, or that you are being illegally evicted? Attached to this packet is a How-to Guide on how to fill out the required forms. 1) Pay your taxes on time. 2) Make sure you keep your rental property filled with tenants. Writs of possession are special statutory remedies that usually appear in unlawful detainer actions. WRIT OF EXECUTION (POSSESSION OF REAL PROPERTY): Once a judgment is rendered, the court may issue a writ of execution (possession of real property). Illegal Eviction Received a verbal or written notice to move out without a valid reason as listed under the RSO (Illegal Eviction in Español).