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socrateaser, Lawyer
Category: Legal
Satisfied Customers: 37860
Experience:  Retired (mostly)
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I received an unlawful detainer and I filed my answer in the

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I received an unlawful detainer and I filed my answer in the proper time frame. couple weeks later we had to go to court and the plantiff said they wanted the Writ of Execution or something like that and that they are not seeking any money at this time but i told them I moved out of the property months ago but the judge sided with the plantiff. someone actually broke into the home and some guy sold it this lady and I called the police and a case was written up. I wrote an agreement for the lady who lost her money to the guy who swindled her and let her stay there until May 2009 in which by then the bank will take over and she needs to move out. She did not leave and I no longer own the home so I can't kick her out. Now I received a request for entry of default. How do i respond to this or what should i do??
Submitted: 7 years ago.
Category: Legal
Expert:  socrateaser replied 7 years ago.

The bank is simply trying to perfect its right to possession against anyone who might attempt to assert the right to remain in possession. So, you can do nothing and allow the default. Alternatively, you could respond to the motion that the unlawful detainer is moot as against you, since you had vacated the property prior to foreclosure, and that any default should be entered only as to any other parties, on grounds that you will suffer an injury to your credit based on an additional judgment that will have no legal effect on you.


I can't tell you what you should do -- you'll have to make that decision.


Hope this helps.


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Customer: replied 7 years ago.
on the request for entry of default i notice under daily damages they are demanded a rate of $100 a day starting 6/09 which i dont agree i should be paying. I don't care about them taking the property but i don't agree about paying that rate when i moved out since 11/2008. How would I go about responding to the motion that the unlawful detainer is moot as against me? I already filed an Answer indicating I no longer live there what do I need to file now?
Expert:  socrateaser replied 7 years ago.

You have write a plain-paper pleading. If you've never done anything like that, you'll have to visit a local law library and look through a civil practice guide on pleadings. You could suggest that the court has no "subject matter jurisdition" to award damages because you haven't been in possession of the property since the plaintiff's unlawful detainer was filed, and that the plaintiff's action should be dismissed.

Customer: replied 7 years ago.
in your opinion would it just be easier at this point if i just go hire a lawyer or in your opinion only do you think at this point it would be a waste of time and it would be a lost cause?
Expert:  socrateaser replied 7 years ago.
It's obviously easier to hire a lawyer, but the cost may be more than the damages you would sustain. You could offer a settlement in exchange for a voluntary dismissal. If the plaintiff agrees, then you're done.
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