COURT TELEPHONE NO.: FOR COURT USE ONLY COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. To : Index No. keep other people from seeing what you entered on your : Calendar No. form, please press the Clear This Form button at the ATTORNEY FOR (Name): end of the form when finished. NAME OF COURT: : JUDICIAL SUBPOENA Plaintiff(s)
CLAIMANT OR CLAIMANT'S ATTORNEY (Name and Address): STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME:
-against-
: : :
PLAINTIFF: DEFENDANT: CLAIM OF RIGHT TO POSSESSION AND NOTICE OF HEARING
Defendant(s) : ......................................................
CASE NUMBER:
NOTICE TO LEVYING OFFICER:
THE PEOPLE OF THE of these statements are true: Complete this form only if ALL STATE OF NEW YORK 1. You are NOT named in the accompanying form called Writ of Possession. TO 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 GREETINGS: Prejudgment Claim of Right to Possession form was NOT served with the Summons and Complaint.
Claim granted Clerk, by
(For levying officer use only)
Claim denied
Completed form was received on
Date:
Time:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before I DECLARE THE FOLLOWING UNDER PENALTY OF PERJURY: the , the Honorable at Court By: 1. My name is (specify): located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed 2. I reside at (street address,to testify city and ZIP code): as a witness in this action on the part of the or adjourned date, unit No., and give evidence
3. The address of "the premises" subject to this claim is (address):
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply.
4. On (insert date): , the landlord or the landlord's authorized agent filed a complaint to recover possession of the premises. (This date is in the accompanying Writ of Possession.)
Witness, Honorable
, one of the Justices of the
5. I occupied the premises on the date the complaintof filed (the date in item 4). I have continued to occupy the premises ever since. Court in County, day was , 20 6. I was at least 18 years of age on the date the complaint was filed (the date in item 4). 7. I claim a right to possession of the premises because I occupied the premises on the date the complaint was filed (the date in (Attorney must sign above and type name below) item 4). 8. I was not named in the Writ of Possession. 9. I understand that if I make this claim of possession, a COURT HEARING will be held to for Attorney(s) decide whether my claim will be granted. 10. (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 the form ''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 two court days, the court will immediately deny my claim. Office and P.O. Address 11. (Immediate court hearing unless you deposit 15 days' rent) To obtain a court hearing on my claim, I understand I must also deliver to the court a copy of this completed claim form or a receipt from the levying officer. I also understand the date of my hearing will be set immediately if I don't deliver to the court an amount equal to 15 days' rent.
CP10 [Rev. January 1, 1991]
Telephone No.: Facsimile No.: (Continued on reverse) E-Mail Address: CLAIM OF RIGHT TO POSSESSION Mobile Tel. No.: AND NOTICE OF HEARING
Code of Civil Procedure, §§ 715.010, 715.020, 1174.3
American LegalNet, Inc. www.USCourtForms.com
PLAINTIFF (Name): DEFENDANT (Name):
CASE NUMBER:
12. I am filing my claim in the following manner (check the box that shows how you are filing your claim. Note that you must deliver to the court a copy of the claim form or a levying officer's receipt): a. (With 15 days' rent payment) I presented this claim form to the sheriff, marshal, or other levying officer, AND within two court days I shall deliver to the court the following: (1) a copy of this completed claim form or a receipt, (2) the court filing fee or form for proceeding in forma pauperis, and (3) an amount equal to 15 days' rent. — OR — a. (Without 15 days' rent payment) I presented this claim form to the sheriff, marshal, or other levying officer, AND within two court days I shall deliver to the court the following: (1) a copy of this completed claim form or a receipt, and (2) the court filing fee or form for proceeding in forma pauperis. IMPORTANT: Do not take a copy of this claim form to the court unless you have first given the form to the sheriff, marshal, or other levying officer.
(To be completed by the court)
Date of hearing: Address of court:
Time:
Dept. or Div.:
Room:
NOTICE: If you fail to appear at this hearing you will be evicted without further hearing. 13. Rental agreement. I have (check all that apply to you): an oral rental agreement with the landlord. a. a written rental agreement with the landlord. b. c. an oral rental agreement with a person other than the landlord. a written rental agreement with a person other than the landlord. d. other (explain): e. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. WARNING: Perjury is a felony punishable by imprisonment in the state prison. Date:
..............................................
(TYPE OR PRINT NAME)
(SIGNATURE OF CLAIMANT)
NOTICE: If your claim to possession is found to be valid, the unlawful detainer (eviction) action against you will be determined at trial. At trial, you may be found liable for rent, costs, and, in some cases, treble damages.
— NOTICE TO OCCUPANTS —
YOU MUST ACT AT ONCE if all the following 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. You can complete and SUBMIT THIS CLAIM FORM (in person with identification) (1) before the date of eviction at the sheriff's or marshal's office located at (address):
(2) OR at the premises at the time of the eviction. (Give this form to the officer who comes to evict you.) If you do not complete and submit this form (and pay a filing fee or file the form for proceeding in forma pauperis if you cannot pay the fee), YOU WILL BE EVICTED along with the parties named in the writ. After this form is properly filed, A HEARING WILL BE HELD to decide your claim. If you do not appear at the hearing, you will be evicted without a further hearing.
CP10 [Rev. January 1, 1991]
CLAIM OF RIGHT TO POSSESSION AND NOTICE OF HEARING
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