1. Home
  2. Unlawful detainer summons

Unlawful detainer summons, SUM-130

Served an Unlawful Detainer Summons in California? Respond in 10 Court Days

If a process server handed you a packet that says SUMMONS at the top, your landlord has already filed an eviction lawsuit. You have 10 court days to get a written response on file. We prepare and file it for you, and the phones are answered 24/7.

Your deadline

10 court days from the day you were served. Saturdays, Sundays, and court holidays do not count. If nothing is filed by then, the landlord can win by default and a sheriff lockout can follow within weeks. Call (951) 702-7771 now, any hour, and read us the first page.

This is the moment that decides most evictions. A 3-day notice is a warning. The summons is the lawsuit itself. Many people call us when they get a notice, then wait to see what happens next. What happens next is this packet, and it runs on a much shorter clock than most people expect. The good news: if a response is on file in time, the landlord cannot win automatically.

What an unlawful detainer summons is: the SUM-130 and the UD-100

An unlawful detainer eviction is the court case a California landlord files to take back a rental. It always starts with two papers served on you together.

The summons, form SUM-130

The summons is the court's notice to you. The box near the top says NOTICE! You have been sued and tells you that you have 10 days, not counting Saturdays, Sundays, and court holidays, to file a written response. It also names the court where your case is filed and the landlord's attorney, if there is one. The second page is the proof of service, which shows the date and way you were served. That date is where your count starts. See the SUM-130 summons, explained for a line-by-line read.

The complaint, form UD-100

The complaint is the landlord's side of the story. It says who the landlord is, what rent you owe or what rule you broke, what notice was served on you, and what the landlord is asking the court for: possession of the home, back rent, and daily damages. The notice you were given, such as a 3-day notice, is usually attached. Every statement in it is something the landlord will have to prove if you respond.

What else is usually in the packet

Most packets also include a cover sheet, form UD-101. If other adults live in the home who are not named, you may also see a CP10.5 Prejudgment Claim of Right to Possession. Keep every page together, and keep the envelope if it came by mail.

The 10-court-day clock: how to count your deadline

Court days are Monday through Friday, not counting court holidays. Ten court days is usually about two calendar weeks. Before January 1, 2025 the window was only 5 court days, so if an older copy of the form says 5, do not relax, and do not wait to find out which one applies.

  • Start the count from the service date on the proof of service, not from the day you read the papers.
  • Skip Saturdays, Sundays, and court holidays.
  • Check how you were served. Papers handed to you, left with someone at home, or posted and mailed can each change the start date.
  • Plan to file early. The response has to be prepared, signed, filed at the right courthouse, and served on the landlord's side, all inside the window.

Not sure of your date? Call (951) 702-7771 and we will count it with you. Our guide to eviction court dates and deadlines walks through the math.

What happens if you do not respond: default, writ, and sheriff lockout

If no response is on file when the 10 court days run out, the case can move fast and without you:

  1. Default. The landlord asks the court clerk to enter your default. Your side is never heard.
  2. Judgment. The court can give the landlord a judgment for possession, and often for money too.
  3. Writ of possession. The landlord gets a writ, form EJ-130, and sends it to the sheriff.
  4. Sheriff's notice to vacate. The sheriff posts a notice at the home, usually giving about five days before the lockout.

Even then, there can be emergency options, such as a request for a stay. But every stage has fewer options than the one before it. Filing on time is the simplest way to keep all of them. If you are already past the deadline, call anyway: until the clerk actually enters a default, a response can often still be filed.

The UD-105 answer: your unlawful detainer response

The usual response is the Answer, Unlawful Detainer, form UD-105. It is how you tell the court you dispute the case. On it you deny what is not true, check the defenses that fit your facts (for example a defective notice, rent that was paid or offered, or repairs the landlord would not make), and sign under penalty of perjury.

Once a UD-105 is on file, the landlord cannot win by default. The case has to be set for trial, which also opens the door to a negotiated move-out date instead of a lockout. Sometimes a different first filing fits better, such as a motion to quash when service was improper, or a demurrer when the complaint is defective on its face. Our guide on how to respond to an unlawful detainer covers each option.

Unlawful detainer help: how we prepare and file your response

1. You call, day or night

Read us the first page of the summons and the service date. We confirm your deadline and what needs to be filed. The consultation is free.

2. Fast unlawful detainer answer preparation

We go through the complaint with you, pick out the defenses that fit, and prepare your UD-105. If you cannot afford the court's filing fee, we prepare the FW-001 fee waiver request to go with it. Your response is prepared the same day whenever possible.

3. Filing and service before your deadline

Your answer is filed at the courthouse named on your summons and served on the landlord's side with a proof of service, before the 10 court days are up.

4. We track every date that follows

After the answer, the landlord usually asks for a trial date, and things move quickly. We calendar every date, and you get 24/7 online access to check your file.

We are eviction consultants who prepare and file documents. That is different from hiring an attorney to represent you in court. What matters first, either way, is getting a response on file before your deadline.

Stop the eviction now: call before the 10 court days run out

We have been helping California tenants respond on time for 30 years. Call (951) 702-7771, answered 24 hours a day, 7 days a week, or request a free consultation. Have the summons in your hand when you call.

Call (951) 702-7771 now, 24/7

Unlawful detainer help in your county

We prepare and file responses in these seven California counties:

Unlawful detainer summons questions

What is an unlawful detainer summons?

It is the court paper, Judicial Council form SUM-130, that tells you a landlord has filed an eviction lawsuit against you. It comes with the complaint, form UD-100, and it starts a 10 court day clock to file a written response.

When does the 10 court day clock start?

It generally starts the day after you are served. Saturdays, Sundays, and court holidays do not count. How you were served can change the start date, so read the date and method on the proof of service, or call us and we will count it with you.

What happens if I do nothing?

The landlord can ask the clerk to enter your default. The court can then give the landlord a judgment for possession without hearing from you, the landlord gets a writ of possession, and the sheriff posts a notice to vacate before the lockout.

Are you attorneys?

We are eviction consultants. We prepare and file eviction documents, such as the UD-105 answer, and track your deadlines. Having an attorney represent you in court is a different service. Either way, the response has to be on file before your deadline.

How to respond to an unlawful detainer

How do I respond to an Unlawful Detainer eviction lawsuit in California?

To respond to an Unlawful Detainer lawsuit in California, you must prepare and file an official written response (Form UD-105) with the court within 10 court days of being served. Failing to respond in time results in an automatic default judgment and rapid lockout. Stop Eviction Consultants provides fast, accurate legal document preparation to ensure your answer is properly formatted, served, and filed before your deadline. Call (951) 702-7771 for immediate help.

Free consultation

Holding a summons? Your 10 court days are already running.

The consultation is free and the phones are answered around the clock. The earlier you call, the more options are still on the table.

Free consultation

Are you being evicted?

Fill out this form and we will call you back today. The consultation is free.

We respond quickly. The sooner we hear from you, the more time we have to work with.

In a hurry? Call (951) 702-7771, answered 24/7, or email info@stopevictionconsultants.com.

Official Judicial Council form

Court form