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CalAttorney2
CalAttorney2, Attorney
Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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I received a notice of eviction on the door of my apartment

Customer Question

I received a notice of eviction on the door of my apartment last week. I made the mistake of sending a payment over the computer (which I normally do every month with no trouble) but used an account that was closed by mistake. I was a month behind back in March do to being unemployed for 10 months, which I am now employed again as of the last 4 weeks. So the return of my rent payment and the other month due plus attorney fees NSF fee etc etc came to $2499.12. I was able to send $1145 (monthly fee) as an electronic payment and the remainder of $1354.12 sent via mail in the form of a cashiers check from the bank as instructed by the management company in charge of my complex.
My court date is set for Friday 6/12/15. I have satisfied what I owed but I have been leaving messages since last Wednesday with the mgt co. but have gotten no callback as to whether they got the payment or not. I just started this job I have and cannot afford to miss work on Friday. I certainly don't want to call the law firm that represents the mgt. co.
WHAT DO I DO?
Thank you
Joe Apicelli
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.
Call the law firm right away - they are the only ones that can give you an extension or excuse you from the court hearing on Friday (if they do this, make sure you get it in writing (email) so that you have written confirmation of the conversation (see my note on "confirmation letters" below).If you paid the full amount due in the manner specified in the "notice to pay or quit" the unlawful detainer (eviction) action should not have been filed, but if you did not pay in time, that would not stop it. If you do not get through to the law firm, or if you do get through, but they do not give you an extension, or agree to drop the eviction, make sure that you appear at the hearing, or hire an attorney to go for you, if you do not, you will lose the eviction suit "by default", and you will be subject to a forcible eviction (usually 1-3 weeks after the hearing).You can try contacting your local bar association and asking for referrals to tenant assistance groups, there are usually groups that help tenants facing eviction, but you will need to inquire locally (and a Friday hearing is very very close, so you may not have enough time, but if you call tomorrow morning, you may be able to make arrangements).

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