Q: Was not given notice of my trailing Unlawful detainer court date and i lost, what are my options?
i was told i would be sent a court date in the mail by the clerks office after the first court date, and never received one and then got sheriffs notice on my door, date says vacate by 08/06/24 instead of the 5 i thought was usually the time you are allowed. i filed motion to vacate and stay of execution... i missed a call and then got an email it was rejected and it said "Motion vacating default judgment and staying execution of judgment is rejected. I attempted to contact you, but I did not receive a return phone call. We currently are setting hearings 30 days out. It appears the writ of possession was issued. You may want to contact the unit secretary to obtain a reservation for an ex parte hearing depending on what day your lockout is. Her number is () Please realize that a motion on calendar will not stay execution unless it is granted." can i still try to get stay and motion to vacate. sinee i have more days than she may have realized... what is ex parte is that better?
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A:
You can still try to get a stay and motion to vacate the judgment. It seems you have more time than initially thought. You should contact the unit secretary immediately to reserve an ex parte hearing. Ex parte hearings are urgent and can be scheduled quickly, which might help you before the lockout date.
An ex parte hearing allows you to present your case directly to the judge without waiting for a scheduled court date. This is often used in emergency situations. Make sure to explain that you never received notice of your court date, which led to the default judgment against you.
Act quickly to gather any evidence showing you didn't receive the court date notice, such as records of mail delivery or communication with the court. Bring this evidence to your ex parte hearing. This could improve your chances of getting the stay and vacating the default judgment.
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