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Thank you for your question. You can't really stop a 5 day notice to vacate, but you don't have to be out after 5 days, either.
If you don't leave within the 5 days, the landlord would have to file a lawsuit for eviction
thank you for replying ! the landlord has filed a unlawfull detainer / summons and i did not apper to court becouse i didnt find the court date. now today i recieved a "notice to vacate from la county Sheriffs 5 days to vacate" i would like to take action by going something
So you never answered the unlawful detainer?
no i did not becouse i didnt know when is my court date
They would have set the case for hearing after you answered the unlawful detainer
Because you didn't answer, the judge issued a default judgment
in favor of the landlord
So, you need to file a Motion to Set Aside Default Judgment
And in the motion, you would state that the default judgment should be set aside due to excusable mistake
Let me see if I can find you a form
So long as these motions are brought in good faith and not for the purposes of delay, the court normally grants the motion to set aside the default, allowing a party to defend themselves
By me filing the motion will the court place a hold on the sherrifs vacate notice?
I'm still here -just give me a moment to research
I would suggest also filing an Emergency Motion to Stay Eviction/Notice to Vacate
which asks the court to essentially STOP all proceedings until the court can hear more on the matter
in this case, until they can hear the motion to set aside the default
Let me see if I can find you forms
Perfect -I found a form that combines the Motion for Stay and Motion to Vacate.
This one is from Ventura County, but your Clerk of Court may have the same form in its county
Or you can just re-type this form inserting your county
You would want to fill it out to ask that the default be set aside due to your mistake and inadvertence
And ask that proceedings be stayed because you would suffer hardship if the judgment were executed at this time
http://www.courtinfo.ca.gov/programs/cfcc/pdffiles/ordmotvac.pdf -that's the Order granting the motion
ok i feel little better that i have option to file the form that you have explained to me. but i am not good at filing legal documents , would this be something that would inrested you to do for a fee?
I'm sorry, the rules of this site forbid me from doing that -but take a look at the link -it's literally a matter of filling in the party names and choosing what you want the court to do
If you have questions about it when you review it, you can always reply to this question later and ask for clarification of something
Also, most of the Clerk of the Courts in California have "self help" centers to assist people who are representing themselves in court
They are staffed by attorneys and I don't believe have any fees
ok really want to click on the link but im not sure i may loos the chat with you. maybe i need the save the shat so i can fallow the instraction i got from you
You can call the Clerk of the Court in your county and find out if they have such a self help center
Well, I would cut and paste it into a separate window
Otherwise, we can exit the chat and you can look at the link
ok just a moment please.
Mr Robert i copied our chat so i can fallow the instraction. I'm very satisfy for your help and i realy appreciat it thanks alot for everything. if i may need help regharding this matter do i have option to get back to you or request you?
Absolutely -if this question closes, you can always just start a new question by putting "For RobertJDFL" in the subject line, and I'll grab it the next time I'm online (which is often)
It was a pleasure to assist you!
Please remember to press accept so I am credited for my time. Thanks!
thanks alot and yes i will press accept
Thanks -have a wonderful evening
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