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  1. #1
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    Mar 2012
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    Default If Lease Not Signed by Party in California is It Enforceable

    My question involves landlord-tenant law in the State of: CA

    It seems that my wife was put into collections by our old apartment that we shared with her parents. After looking at the court paper work it looks like someone put her first name only on the lease and she did not sign it. Now a creditor company is telling her she is on the hook for part of the judgment. Now is it a valid lease for her if her full name was not on it and she never signed the lease?

  2. #2
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    Default Re: If Lease Not Signed by Party in California is It Enforceable

    If she chose to default on the lawsuit or went to trial and lost, such that there is a judgment against her, she owes on the judgment. Whether or not she could now go back and attack the judgment by contending that she was not a proper party isn't something we could tell you without a lot more information about the lawsuit including why she didn't defend (or if she did, why she didn't raise the issue then) and how long ago the judgment was entered.

  3. #3
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    Default Re: If Lease Not Signed by Party in California is It Enforceable

    She didn't contend because we just had a baby and did not have a babysitter. We werent actually told why she was going to court in the first place. The judgement was made last year and then enforced a few months ago. We had no knowledge of what was going on.

  4. #4
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    Default Re: If Lease Not Signed by Party in California is It Enforceable

    Quote Quoting Snykerz
    View Post
    She didn't contend because we just had a baby and did not have a babysitter. We werent actually told why she was going to court in the first place. The judgement was made last year and then enforced a few months ago. We had no knowledge of what was going on.
    So she was aware of the suit, choose not to attend, did nothing for a year, and now wishes to attack the jurisdiction of the court? She can file a motion to the court and see what the judge will rule. Default judgments can be motioned to be opened if good cause is shown. If the court will swallow the delay of a year is unknown.

    So, will she do this? Likely not.

  5. #5
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    Default Re: If Lease Not Signed by Party in California is It Enforceable

    You can read about setting aside default judgments here. As you can see, even when it's true, "I just had a baby and didn't have a babysitter" isn't a basis to set aside a default, but perhaps you'll find something you can work with.

  6. #6
    Join Date
    Mar 2012
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    3

    Default Re: If Lease Not Signed by Party in California is It Enforceable

    thank you. just trying to find what legal stances we have. unfortunately i might not be explaining it totally right. I appreciate your help

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