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Setting aside default judgement in California

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  • 03-26-2007, 12:20 AM
    dcgirl543
    Setting aside default judgement in California
    My husband was told by the property manager if he cut down a tree in the back yard it would be deducted from the rent. He did the job but months later we were still trying to get it credited towards the rent. Then we got served notice that the owner was selling so we had to move. We didnt move in 30 days and was served eviction papers. I answered the complaint and filed a waiver for the fees. When we went to court we were sitting in the court room waiting for our case to be called a clerk called our name and informed us that our waiver was denied and I needed to go down the hall and pay the filing fees of 190$. I didnt have the money and couldnt come up with it but while I was down the hall the property manager and her lawyer came up and talked to us. I told them I wasnt trying to stay in the house all I wanted was the money for the tree deducted from the rent I owed. (I didnt pay rent since the 30 day notice) The lawyer told me (after I told him I couldnt pay the fees)that a default judgement would be entered but there would be another proceeding where I would be able to challenge the amount that they claim I owed. So needless to say, we got a 5 day notice to move, which we did, but no other court date like he led me to believe. They sold the house in a matter of days. I never got the money or credit for the tree, I
    also didnt get my deposit back or applied to the rent owed and now I have a default judgement against me for 2300$. We were looking to buy a house when this started, already been pre approved and now the judgement has put a stop to that as well. My question is.. what can I do about this? can I make a motion to set aside judgement or do I sue in small claims court for the tree and deposit?
  • 03-26-2007, 07:27 AM
    aaron
    Re: Setting aside default judgement in California
    How long ago did this happen?
  • 03-26-2007, 02:44 PM
    dcgirl543
    Re: Setting aside default judgement in California
    it was Jan 22 when our answer to the detainer was supposed to be heard but wasnt because of not being able to pay for filing fees.
  • 03-26-2007, 05:57 PM
    aaron
    Re: Setting aside default judgement in California
    Here's a short article on obtaining relief from a default judgment. You can see the referenced statutes here.
  • 03-27-2007, 11:09 PM
    dcgirl543
    Re: Setting aside default judgement in California
    thanks for the links, I found them to be very interesting. I went and talked to a advisor from the u.d. advisory clinic yesterday, after 3 minutes (more or less) I was advised I had no grounds to make a motion to set aside, and to take up the other issues in small claims. He said since the court said they mailed me a letter informing me my waiver was denied I had no grounds. In all the researching I did in every description, instruction, etc I read about default judgements it would say that it would be entered because the party didnt show up for court. I assumed as long as I showed up for court I would have a right to defend myself. I was unaware that not being able to pay fees to answer a lawsuit against myself (a person shouldnt have to pay to defend a action brought against them in the first place) would make everyone act as if I hadnt filed (or even tried) an answer and like my appearance at court didnt happen. I guess it is like NO PAY YOU GOT NO SAY which is totally unjust. When I was talking to the property management lady and her attorney in the hall when he gave me misleading information, we could have settled then before going back in to the judge. I told them we were willing to move out as soon as they wanted all I wanted was credit for the tree taken off the rent amount they said I owed. Since that didnt happen and they chose to basically trick me by making me believe something that was untrue, a judgement resulted and just that alone (without the amount of money I also have to pay) has injured me tremendously. So off to small claims I guess..... oh yeah for small claims court do I need to sue both the property manager (the only person I ever dealt with) and the owner of the property or just one person or the other?
  • 03-28-2007, 11:12 AM
    lisettegonzalez
    Re: Setting aside default judgement in California
    woul you mind giving me the info from the u.d. advisory clinic I need some help myself....
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