What Happens If an
Unlawful Detainer Is Filed?
See how the case can move depending on whether an answer is filed and what happens at trial.
Answer Filed
Answer Filed
IMPORTANT: Deadlines are critical. Missing a deadline or failing to respond may result in a default judgment and loss of possession. Get informed and act early.
You Received a 3-Day Notice. Does That Mean You Have 3 Days Until Eviction?
Day 1–3: 3-Day Notice
The foreclosure purchaser serves a 3-day notice to quit demanding possession under the post-foreclosure process.
Unlawful Detainer Filed & Served
If possession is not surrendered, the purchaser may file an unlawful-detainer lawsuit. The Summons and Complaint must be served.
Response Period
After personal service, you generally have 10 court days to respond. Other authorized methods of service can affect when the response period begins.
to respond
If You Respond: The Case Continues
The purchaser generally must prove the case. The case may involve an answer, motions, defenses, discovery, settlement, and/or trial.
If Purchaser Wins
The court issues a judgment for possession.
Judgment → Writ of Possession → Sheriff
The sheriff—not the purchaser—carries out the court-ordered removal. Before the lockout, the sheriff serves or posts the Notice to Vacate.
Usually 5 days to move
Defenses
A timely response, legal defenses, and motions can affect the case.
Procedural Challenges
Errors in the foreclosure or filing process may be challenged.
Court Orders & Stays
A judge may grant additional time in certain circumstances.
Negotiated Agreements
A later move-out date or settlement may sometimes be negotiated.
Tenant Rights
A qualifying tenant may have separate rights and timelines.
*Response deadlines depend on service method and applicable law. Different service methods can affect when the deadline begins.
General information only. This is not legal advice.