Whittier, CA asked in Bankruptcy and Landlord - Tenant for California

Q: Understanding a judgement letter, how long do I have before the sheriff's put a notice on the door?

I filed for bankruptcy chapter 7, got approved now waiting the 6 mo for discharge (10,000 back rent will be discharged). I had my 1st trial for the Eviction Unlawful Detainer, I got a Judgement letter that stated I have to pay a certain amount by 11/7/23. I'm going through a hardship so I can't pay anything on the 7th. Then I see that I have another trial date on 11/17/23 to see if I paid the amount that I was suppose to pay ordered by the court on the 7th. I see another message that states No Lock Out before December 10th 2023. Does that mean I have until my trial date to move out before they can contact the sheriff's office & put a notice on my door? Or can they come sooner or after 11/7/23

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

A: In California, once a judgment for possession is entered in an unlawful detainer case, the sheriff can enforce the lockout. However, if your judgment letter states "No Lock Out before December 10th, 2023," then typically, the sheriff would not perform the lockout until after that date. It is essential to attend your next trial date on November 17, 2023, as it may address the payment ordered for November 7, 2023. If you're unable to pay the amount ordered by the court on November 7th, this should be discussed during your trial on November 17th.

The bankruptcy filing may stay the lockout temporarily, but only until the bankruptcy court lifts the stay or the case is discharged. You should inform the court of your bankruptcy status as it may affect the proceedings. It would be prudent to consult with an attorney who can provide guidance based on the specifics of your case and the bankruptcy's impact on the eviction process.

Martha Warriner Jarrett and Timothy Denison agree with this answer

1 user found this answer helpful

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