can i settle an unlawful detainer suit. i missed my hearing on 10-24
I am sorry to hear about this situation -- I assume from your question that you have recently been the victim of a foreclosure and then subjected to the unlawful detainer suit. Can you tell me what county the case was heard in there in CA -- I want to review the court sites to determine if there are any forms that you can use in order to file a motion to set aside judgment and set the matter for a new hearing.
Yes you are exactly right.lost my home couldnt modify my loan. the case was heard at Superior Court of California. County of Los Angeles. judgement was filed and entered on 10-24 and received notice today
Hello again John --
If you are not comfortable with court proceedings and want to try to settle the matter with the new owner (whether it is a private party at this point or it is still a lender who owns the house), my suggestion is to contact the new owner or their representative in order to try to negotiate downward the amount of money that the court awarded to them here in the monetary judgment. Even though the court ordered a specific amount to be paid, the owner is always free to accept a lesser amount and if you can convince the owner that your funds are limited and that if you are unable to come up with the money to pay the judgment then you will file for a Chapter 7 bankruptcy in which case the judgment will be wiped out and the owner will receive nothing from you as payment for the judgment. That may work here and if it does, you want to make sure that you get a written release from the owner that states that the owner agrees to accept $XXXXX in exchange for a full release of the judgment against you in the amount of $XXXXX (make sure that the original case number XXXXX XXXXX in any release document). If the owner refuses to speak with you regarding lowering the amount of the judgment or working something out with you within about 7 days after you made the initial request to the owner to lower the amount, then that is when you should file a Motion to remove default judgment (sometimes called a motion to vacate default judgment or prior judgment) - with the county court where the original case was heard. In that motion, you must have a valid reason for missing the original case hearing date and you should write the reason into the documents and then write that you "respectfully XXXXX XXXXX this Court reopen the case and set aside the default judgment and in the interests of fairness and justice the court should proceed to hear the arguments of both parties to the case and make a decison subsequently therefrom".
The Motion to Vacate or Set Aside judgment form was actually found on the California courts website (the LA court website referenced that you must file a Motion to Vacate and then referred the party to the CA Superior Court website for the appropriate form to use -- here is a link to that form -- http://www.courts.ca.gov/documents/sc135.pdf ). If you have difficulties completing the form or you have other questions regarding your case, you can ask at the clerk's office for the contact information for the court Facilitator (this is a person who is hired and paid by the court system and their job is to assist those parties who are filing a case or documents without an attorney -- if you are representing yourself, the Facilitator can assist in completing the forms, explain how you must serve the documents on the landlord in order to have correct service of process and can offer general assistance in navigating the court and the case for you). Here is a link to the LA court website for further information regarding all of these matters. http://www.lasuperiorcourt.org/civil/UI/YourDayInCourt.aspx
I hope that all of this helps and that you are able to vacate the default judgment against you and get the fees reduced in this matter. Generally speaking, the courts and judges do not like to issue default judgments and will bend over backwards to assist in reopening a case for a defendant so that you will be heard in court and have your day in court. Hopefully that will be the case here with your situation as well.
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would i be able to go into court for example this morning and see the judge and tell him i mistakenly missed the day i thought hearing was on 10-31. would he be able to vacate judgement himself or is it a must to fill out forms and serve them? owners are an investment company with attorney representing them. or could i contact attorney and try to settle or have case dismissed if i agree to leave the property asap? im just trying to move past this problem quickly without spending much money if its possible. or should i hire attorney? i appretiate your help thank you and god bless
I actually stated the answers to the questions you just asked above in my answer above but here are those answers again -
1. Yes you can contact the owner and try to settle the matter and if you can work something out then please make sure that you get a written release of the judgment from the landlord so that they cannot pursue you further for these matters.
2, You cannot simply walk into the court and ask to see the judge and vacate the judgment -- you must file a request in writing with the court using the court form I gave you a link to above in my answer -- it is a Motion to Vacate Judgment Form and proceedings (please scroll upward to the answer posted above and you will see the links that I gave you to the correct form that you need to use). The court will set another hearing date at which you must appear to state your case and your reasons why you should be entitled to lower the amounts charged. You also have to serve the paperwork on the other side and give them a chance to respond to your request to set aside the original judgment and reconsider the case.
I hope that helps. If you have no further questions, can you please press the 3rd, 4th or 5th smile face underneath this ANSWER box so I will be paid for my time I am paid NOTHING unless you press a positive rating smile face below (the 3rd 4th or 5th smile face - okay, good or excellent service). Pressing a positive rating smile will NOT cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time for assisting you today. THANK YOU VERY MUCH
okay i understood i must file the motion and serve. what are good reasons or excuses to give in my request to the judge for the motion wont get denied.
The best excuse is that you were ill that morning (if you have any underlying health conditions and can show proof of same to the court then you should not have any problems getting the case reopened). Other than that, courts do reopen cases for car trouble or transportation problems or you can even claim that you did not receive appropriate notice of the proceeding (if it was mailed to you by regular mail then you can claim to have not received it and that you did not know anything about the proceeding until you received the notice of judgment against you in the mail after the hearing date was already passed). It is up to the individual judge after review of your reasons whether or not to vacate the judgment and hold another hearing on these matters. As I said earlier, most courts do not like to enter default judgments and they will lean in your favor to reopen the case if you have a reason why you were not there -- but we can never tell with 100% certainty what each judge will do when faced with a Motion to Vacate request and so there is always a chance that the court may refuse to reopen the case so that you may be heard and you can request a reduction in the amount entered against you by the court.
I hope that helps. If you have no further questions, can you please press the 3rd, 4th or 5th smile face underneath this ANSWER box so I will be paid for my time. I am paid NOTHING unless you press a positive rating smile face below (the 3rd 4th or 5th smile face - okay, good or excellent service). Pressing a positive rating smile will NOT cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time for assisting you today. THANK YOU VERY MUCH
Hello again John -
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THANK YOU SO MUCH !!!
i filed motion today. can i have it served to other party through mail? thank you for your help. i did press on happy face.
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