San Bernardino, CA asked in Civil Rights, Landlord - Tenant and Small Claims for California

Q: I have lived in my home 2+ years. I missed a court date that I was unaware of,I was served proposed judgement. Immeddiat

Possession of the premises. Wat are my rights. Before they file a lock out.

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

A: Under California law, if you missed a court date and were served with a proposed judgment regarding immediate possession of your premises, it suggests an unlawful detainer action against you. First, you have the right to file a motion to set aside the default judgment if you believe you had valid reasons for missing the court date. This might allow you to present your case to the court. Second, even after a judgment for possession, there's a brief period before the lockout can occur, giving you some time to make arrangements or seek legal remedies. Third, if an eviction notice is posted, it will typically provide a date by which you must vacate. If you don't leave by then, the sheriff may physically remove you. Fourth, throughout this process, it's crucial to communicate with the opposing party to potentially negotiate an agreement or seek more time. Always consult with legal peers or other professionals to navigate this situation best.

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