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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10237
Experience:  Civil litigation attorney for individuals and businesses.
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If a person who is considered disabled gets a summons to appear

Customer Question

if a person who is considered disabled gets a summons to appear in court for rental issue do they have rights to vacate judgement or can they use the the estoppel defense
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer, thank you for using our service. I would like to assist you today. Responses may have a short delay for review and research.
I am sorry to learn of this situation.
A disability does not grant a litigant any additional rights with regards ***** ***** continuance or ability to vacate an entry of default.
If you have other grounds to file your motion to vacate (surprise, excusable neglect, etc.) you can file that motion, and if this is an unlwful detainer "eviction" proceeding you will want to file that immediately (these are summary proceedings and move much faster than other forms of litigation.
It is possible to get a short "stay on execution" of the writ of eviction (so the actual enforcement of the judgment of possession) based on a disability, but we are only talking about 2 weeks or so based on a disability or severe illness (this isn't much time).
I am very skeptical as to the 2 month delay discussed by the website offer. Generally if a tenant simply appears and defends an unlawful detainer they can delay the matter by 2 months, but if you already have a judgment against you (and you need to make a "motion to vacate") that is a different story, and you are already 'behind the 8 ball').
I would recommend calling your local bar association to see if there are any free or reduced cost local legal services or clinics available to you - this is the best way to get reputable legal aid quickly.

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