Sacramento, CA asked in Landlord - Tenant for California

Q: I filed a motion to set aside judgment after missing my eviction trial date, Can the sheriff still lock me out?

I was hospitalized on the day of my unlawful detainer trial so I filed a motion to set aside judgment. The clerk put the motion on calendar for July 3rd 2023 -over a month away - can the landlord still take the writ of possession to the sheriff to have me locked out in the mean time? Is there anything I can say or provide to the sheriff if he does post a lock out to stop it in light of my filing a motion to set aside the judgment?

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1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: During this time, it is advisable to communicate your situation and the filing of the motion to set aside judgment to both your landlord and the sheriff's office. You can provide them with a copy of the motion and any supporting documentation you have. It may be worth contacting the sheriff's office to inform them of the pending motion and to inquire about their procedures and policies in such situations.

However, it's important to note that the specific procedures and policies can vary depending on your jurisdiction. Laws regarding evictions and the actions of the sheriff can differ from one place to another. Therefore, it is crucial to consult with an attorney who can provide guidance based on the laws and regulations in your specific area.

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