CP10 Claim of Right to Possession and Notice of Hearing
(Continued on reverse)
CLAIM OF RIGHT TO POSSESSION
AND NOTICE OF HEARING
Code of Civil Procedure, §§ 715.010, 715.020, 1174.3CP10 [Rev. June 15, 2015]
NAME OF COURT:
BRANCH NAME:
CITY AND ZIP CODE:
STREET ADDRESS:
MAILING ADDRESS:
Plaintiff:
Defendant:
FOR COURT USE ONLY
CASE NUMBER:
CLAIM OF RIGHT TO POSSESSION
AND NOTICE OF HEARING
CLAIMANT OR CLAIMANT'S ATTORNEY (Name and Address):
ATTORNEY FOR (Name):
TELEPHONE NO.:
(For levying officer use only)
Completed form was received on
Date:
By:
Time:
Complete this form only if ALL of these statements are true:
1. You are NOT named in the accompanying form called Writ of Possession.
2. You occupied the premises on or before the date the unlawful detainer (eviction) action was filed. (The date is in the accompanying
Writ of Possession.)
3. You still occupy the premises.
4. A Prejudgment Claim of Right to Possession form was NOT served with the Summons and Complaint, OR this eviction results from
a foreclosure.
NOTICE: If you are being evicted because of foreclosure, you have additional rights and should seek legal assistance immediately.
My name is (specify):
I reside at (street address, unit no., city and ZIP code):
The address of "the premises" subject to this claim is (address):
1.
2.
3.
I DECLARE THE FOLLOWING UNDER PENALTY OF PERJURY:
4. , the owner, landlord, or the landlord's authorized agent filed a complaint to
recover possession of the premises. (This date is the accompanying Writ of Possession.)
I occupied the premises on the date the complaint was filed (the date in item 4). I have continued to occupy the premises ever
since.
I claim a right to possession of the premises because I occupied the premises on the date the complaint was filed (the date in item
4).
I was not named in the Writ of Possession.
I understand that if I make this claim of possession, a court hearing will be held to decide whether my claim will be granted.
(Filing fee) To obtain a court hearing on my claim, I understand that after I present this form to the levying officer I must go to the
court and pay a filing fee of or file with the court "Application for Waiver of Court Fees and Costs." I
understand that if I don't pay the filing fee or file the form for waiver of court fees within 2 court days, the court will immediately deny
my claim.
10.
I was at least 18 years of age on the date the complaint was filed (the date in item 4).
On (insert date):
$
5.
6.
7.
8.
9.
(Immediate court hearing unless you deposit 15 days' rent) To obtain a court hearing on my claim, I understand I must also present
a copy of this completed complaint form or a receipt from the levying officer. I also understand the date of my hearing will be set
immediately if I do not deliver to the court an amount equal to 15 days' rent.
11.
CP10
Check here if this property was foreclosed on.
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