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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37856
Experience:  Attorney over 16 years, landlord 26 years
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I missed my court date this morning and a judgement was

Customer Question

hi
JA: Hi. What do you want help with?
Customer: I missed my court date this morning and a judgement was issued in my absence. I was going to file an emergency bankruptcy anyway, will this BK or appeal help me in this situation to hold the judgement
JA: What state is this in? And do you have a reliable court contact?
Customer: California, no court contact other than internet based
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: no, I actually have a good case for retaliatory eviction, but missing todays hearing poses the most problematic
JA: Anything else you want the lawyer to know before I connect you?
Customer: just that I need an emergency solution so the judgment is held off for more than five days at least.
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 10 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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will this BK or appeal help me in this situation to hold the judgement

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No, not since the judgment has already been entered. If you had filed before judgment was entered, it would have stayed any eviction.

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An appeal would help if the judge agrees to set aside any default judgment and rehear the case. So if you have a good reason, the judge may vacate the judgment and then re-docket the case. If he did so, and then you filed BK, that would stop any eviction for a couple months until the landlord got the BK court to lift the stay so he could evict.

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So your best bet here is to immediately file an appeal and request for a stay of execution and ask the judge to vacate the judgment and reset the case for a new hearing, which will likely take a week or so.

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thanks.

Barrister