San Jose California Application and Notice of Application and Hearing for Order to Quash Ex Parte Writ of Possession

State:
California
City:
San Jose
Control #:
CA-CD-160
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PDF
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Application and Notice of Application and Hearing for Order to Quash Ex Parte Writ of Possession: This is an Application to have terminated, or quashed, an existing Writ of Possession. The Defendant requests, through his/her application, a hearing in which he/she will present their case as to to why the Writ of Possession should be lifted. The Notice of Hearing is to be sent to the opposing counsel.


The San Jose California Application and Notice of Application and Hearing for Order to Quash Ex Parte Writ of Possession is a legal document filed in the San Jose, California court system. It is typically used by tenants who have been served with an ex parte writ of possession, which is a court order allowing the landlord to take possession of the rental property without a hearing or the tenant's presence. The purpose of this application is to challenge the ex parte writ of possession and request a hearing to quash or cancel the order. It allows the tenant to present evidence and arguments to contest the landlord's claims and provide reasons why the writ should be revoked. The application typically includes important details such as the case number, names of the parties involved, and the address of the rental property. It also outlines the reasons why the tenant believes the writ should be quashed, which could include improper service, lack of proper notice, or other legal deficiencies. By filing this application and notice, the tenant initiates the process to have their case heard by a judge in a formal court setting. This gives both parties an opportunity to present their arguments and evidence, allowing for a fair and impartial decision to be made. It is important to note that there may be different types of San Jose California Application and Notice of Application and Hearing for Order to Quash Ex Parte Writ of Possession, depending on the specific circumstances of the case. For example, there may be different forms for residential and commercial properties or specific forms for certain types of tenancies, such as subsidized housing or mobile homes. In summary, the San Jose California Application and Notice of Application and Hearing for Order to Quash Ex Parte Writ of Possession is a legal document that allows tenants to challenge and request a hearing to cancel an ex parte writ of possession issued against them. It is an essential tool to protect tenants' rights and ensure proper legal proceedings are followed in rental property disputes.

The San Jose California Application and Notice of Application and Hearing for Order to Quash Ex Parte Writ of Possession is a legal document filed in the San Jose, California court system. It is typically used by tenants who have been served with an ex parte writ of possession, which is a court order allowing the landlord to take possession of the rental property without a hearing or the tenant's presence. The purpose of this application is to challenge the ex parte writ of possession and request a hearing to quash or cancel the order. It allows the tenant to present evidence and arguments to contest the landlord's claims and provide reasons why the writ should be revoked. The application typically includes important details such as the case number, names of the parties involved, and the address of the rental property. It also outlines the reasons why the tenant believes the writ should be quashed, which could include improper service, lack of proper notice, or other legal deficiencies. By filing this application and notice, the tenant initiates the process to have their case heard by a judge in a formal court setting. This gives both parties an opportunity to present their arguments and evidence, allowing for a fair and impartial decision to be made. It is important to note that there may be different types of San Jose California Application and Notice of Application and Hearing for Order to Quash Ex Parte Writ of Possession, depending on the specific circumstances of the case. For example, there may be different forms for residential and commercial properties or specific forms for certain types of tenancies, such as subsidized housing or mobile homes. In summary, the San Jose California Application and Notice of Application and Hearing for Order to Quash Ex Parte Writ of Possession is a legal document that allows tenants to challenge and request a hearing to cancel an ex parte writ of possession issued against them. It is an essential tool to protect tenants' rights and ensure proper legal proceedings are followed in rental property disputes.

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If you remain in the property after the date specified in an outright possession order has passed, or if you have breached the conditions of a suspended possession order, the landlord can apply for a warrant for possession.

Tells the court and others that a judgment has been paid in full or in part. Can be recorded with a county to release a lien against the judgment debtor's land or filed with the Secretary of State to release a lien against the debtor's personal property. Get form EJ-100.

A writ of execution is a court order granted to you that typically orders a sheriff or other similar official to take possession of property owned by the judgment debtor.

Step 1: Obtain a Writ of Execution.Step 1a: Complete the Writ of Execution (EJ-130) form.Step 1b: Adding Costs and Interest (optional)Step 1c: Obtain a File-Endorsed Copy of Your Judgment.Step 1d: File Your Documents.Step 2: Complete the Application for Earnings Withholding Order.Step 3: Have Your Documents Served.

Writ of Execution (EJ-130) Tells the sheriff to take action to enforce a judgment. Used with instructions to the sheriff to levy bank accounts, garnish wages, or take possession of personal property. Get form EJ-130.

After the creditor landlord obtains a judgment in an unlawful detainer action, the court may issue a Writ of Possession (real property) that authorizes the Sheriff to remove (evict) the occupants from the property. The eviction is scheduled as soon as possible after the expiration of the 5-day period.

To obtain a Writ of Execution, follow these steps: Complete form CV-24, ?Affidavit and Request for Issuance of Writ of Execution.? Complete form CV-23, ?Writ of Execution.? Each form must be filled out as set forth below: You must provide the date the judgment was ?entered? on the docket.

Writ of Execution (EJ-130) Tells the sheriff to take action to enforce a judgment. Used with instructions to the sheriff to levy bank accounts, garnish wages, or take possession of personal property. Get form EJ-130. Revised: September 1, 2020. View EJ-130 Writ of Execution form.

The remedy of a writ of possession, a remedy that is available to the mortgagee-purchaser to acquire possession of the foreclosed property from the mortgagor, is made available to a subsequent purchaser, but only after hearing and after determining that the subject property is still in the possession of the mortgagor.

Your landlord will have to get a warrant for possession from the court if you don't leave your home by the date on the possession order. This means they can ask the court to send bailiffs to make you leave. Get help from your nearest Citizens Advice straight away if you've been told bailiffs are coming to your home.

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Unlawful Detainer: Ex Parte Application for Order to Extend Time to Plead. An oral application may only be made at a hearing and only when any affected parties in the subject litigation have been given notice of the hearing.Possession of the IRS. Before renting to you, most landlords will ask you to fill out a written rental application. Filled out and copies to file at the Clerk's office on the Court date for your Ex Parte Application for Stay Hearing. 5. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE. Your application for relief from default has been denied. (Cal. Board of Equalization.

If you cannot comply with the notice requirements under Penal Code § § 441, the eviction must not proceed under Penal Code § § 441, the eviction must not start until a ruling on either your Application for Stay Hearing or the Ex Parte Application for Stay Hearing, or a default judgment has been entered (Cal. Board of Equalization. 2003). See Cal. CIV. Code § 1686. 4. When you will receive your Notice of Filing. You will be provided with a Notice of Filing and, if allowed, a copy of the application filed with the Clerk. The notice will set an expiration date of 7 days. If you file an Ex Parte Application for Stay Hearing within the 7-day period, the notice will be served on you within 3 business days; otherwise it will be served on you by the landlord on the date of your Ex Parte Hearing. 5. When and how to appear at the date of your stay hearing. You will be provided with a Notice of Filing and, if allowed, a copy of the application filed with the Clerk.

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San Jose California Application and Notice of Application and Hearing for Order to Quash Ex Parte Writ of Possession