Q: How do I correct a default UD judgment based on not being served in time & not falling into the guidelines of CVP 1161
A default judgment was entered on myself and another without being served the summons as stated in file. I can prove when a classifed letter was sent and stayed in warehouse for weeks. I don't fall under the guidelines of landlord tenant because Myself and another never had a rental agreement or exchanged money to pay for living there. The Estate Administrator is related to the legal and lawful owner of the house in accordance with the will and trust, further more the EA signed a Quit Claim Deed back in 2010 as part of divorce proceeding relinquishing all rights and interest forever. There is an open Probate case that may be unaware of the QCD or the person intentionally forgot to mention. We never received any of the form that have been filed even though each states it was mailed or proof of Service. We found out on April 30 that we had judgement and May 7 the lockout date both on same day I need help with docutments and making sure its right.
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- California
- (916) 704-3009
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- Answered
A:
To correct a default judgment in California based on improper service and not falling under the guidelines of California Code of Civil Procedure (CCP) 1161, you need to file a motion to set aside the default judgment. Begin by gathering all your evidence, including proof of when and how you were notified, such as the classified letter that stayed in the warehouse. Emphasize that there was no rental agreement or exchange of money, which disqualifies the situation from CCP 1161 guidelines.
In your motion, explain the circumstances surrounding the improper service. Clearly state that you never received the summons and provide supporting documents showing that the forms were never properly served. Highlight the existence of the Quit Claim Deed signed by the Estate Administrator in 2010 and how it affects the legitimacy of the eviction process. Mention the open probate case and argue that the probate court may be unaware of crucial details, such as the Quit Claim Deed.
Ensure your motion includes all relevant facts and legal arguments. Attach affidavits and exhibits that support your claims. Once filed, be prepared to attend the court hearing and present your case. If you can, seek assistance from legal aid services or a lawyer to help guide you through the process.
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