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I need help regarding finding out the eviction that just…

Good morning I need...

Good morning I need help regarding finding out the eviction that just happen and i put my name on he lease

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Califonia and the property office is refusing to give me the case # and i am willing to pay the amount that my ex boyfriend did not pay

Lawyer's Assistant: Has any paperwork been filed?

I guess by but I never receive any thing and and they refused to give me the case # ***** the court wont discuss the status of the case how am i supposed t fix it

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Thats it i needed help to fix all this and find out what is going on the eviction

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Answered in 2 hours by:
11/14/2017
Richard - Bizlaw
Category: Landlord-Tenant
Satisfied Customers: 10,841
Experience: Commercial and residential leases in NY & NJ & US
Verified

Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

Are you named on the lease? Have guaranteed the lease payments in writing? If you are willing to pay can you reach your ex boyfriend?

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Customer reply replied 9 months ago
I am on the lease , at this point I don’t expect him to pay I will pay the remaining balance owed to the landlord OL we have $1400. Deposit and according to the porperty management he owed $2400 2 months rent eviction gave him until November 8th to moved out which he did and I told them I will pay whatever the balance , I also ask for my case number ***** I can go to the court where they file so I can start the process of fixing but they refused to give it to me due to the fact that it’s already in court which doesn’t make sense , I have my own place but when I reach out to the property back in September no 1 replied to me , now I don’t know what to do and what’s my next step after I paid the balance owed , please help me I don’t want this on my record permanently
Customer reply replied 9 months ago
They have not send me the total balance we owed yet, I feel like I never get a chance to fix it my ex bOy friend hide all the notices from the court until I found an eviction paper ported at the door 2 weeks before the eviction date which is 11/8/17. And he moved out the state too left me with all this mess in California

The case is a public record so it cannot be kept from you. If you know your boyfriend's name and the name of the management company you should be able to get the case number ***** the clerk of the court that handles landlord tenant matters. Once you get that number you will file a motion to intervene because you are either on the lease or guarantor of the lease and you should have been served in the case. You can then get the information you need to pay the past due rent. I also suggest you call the landlord and tell him that if you have to hire a lawyer because he will not give you the information you need you will sue the landlord for all the costs you incur including the attorneys fees because they were supposed to sue you as well since you are on the lease. That threat may make them more willing to provide the information.

If I have answered all your questions, please highly rate my answer as that is how I receive credit. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

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Customer reply replied 9 months ago
I did call the court and they refused to give me information I don't understand either , and yes I did call and spoke to 1 of the personnel at the management company , she refused to gave me any information due to they sent all the notices to the address where I put my name on the lease and gave both us a chance to response , but it was hidden from me the whole time. they have my email address I reach out to the company on September 25th 1st month that he missed the rent and no 1 get back to me . to tell me what is going on so at least that time i could have resolved it . What is my option here

Try asking the court for any case where your name is ***** ***** Otherwise you may have to go to the court to look up the case yourself. You should have been named in the court papers. Court files are public records so they cannot be kept from any member of the public. If that does not work let me know.

If I have answered all your questions, please highly rate my answer as that is how I receive credit. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

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Customer reply replied 9 months ago
Ok I will thank you .

OK I will wait to hear from you. If it works out please do not forget to rate my answer as that is how I get credit for working on your question.

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Customer reply replied 9 months ago
hi , I have the case # MCV-242760 court told me I have a Writ on my case and sheriff has it. I dont know what this means can you pls tell me what i have to do at this point going forward

It sounds like a judgment has been entered and the sheriff has been notified to evict the tenant. What you can do is to make a motion to vacate the judgment on the basis that the former tenant never gave you the court papers that were served at the apartment and you never got notice of the suit. You can also explain that when you heard about it the landlord refused to give you any information. Your defense would be that had you been given any of the notices you would have paid the rent and the landlord's refusal to tell you what was going on after you contacted them was solely to run up unnecessary costs. You can pay the arrears on the rent and hopefully get the case dismissed which is your real objective.

If I have answered all your questions, please highly rate my answer as that is how I receive credit. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

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Customer reply replied 9 months ago
ok my ex boy friend left the apartment before the said date to vacate the premises , according to the paper from the court 'we ' got served on 9/22/17 via certified mail but i never got it due to he hide it from me. I emailed the property management on 9/21/2017 asking what is going on w/ the apartment status is it paid or not and i requested a replay which i never got none. Per the clerk we have 5 days to response from the day we served since we never responded the Landlord automatically won the case. and I say well I contacted the property company that manege's the place before we even get served and no 1 replied to me . Now clerk told me to seek legal counsel .

You can get a lawyer if you want to. You can pay the amount the judge awarded, which will end the matter but the eviction will be on your record. No that you know the case, and the amount of the judgment, you may be able to get the management company to agree to vacate the judgment so it does not go on your record so long as you pay the past due rent and do not want to occupy the apartment. If they won't agree and you want to try to avoid having a judgment, you can make a motion to vacate the judgment entered against you on the grounds that you never received the certified letter and the landlord refused to tell you what was going on when you contacted them. Your defense would be that you had the money to pay if you had received notice of the lawsuit. The court where you are is accustomed to having people appear without lawyers. For this reason you may be able to do it own your own. If you do not want to do it yourself you can retain an attorney to handle it.

The above are the options available to you.

If I have answered all your questions, please highly rate my answer as that is how I receive credit. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

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Customer reply replied 9 months ago
why is this go to my credit so fast and with out any trial .
Customer reply replied 9 months ago
Please see attachment and also i attached my email dated 9/21/2017 and according to the court we have 5 days to answer which I did reach out to the property management the date we got served via mail is 9/22/17 . And I never got any response form the management company .

Your answer had to be presented to the court by filing something in writing that you delivered to the landlord or orally you would have to go to the court to put in your answer. Just contacting the landlord is not sufficient. The fact that the landlord did not tell you about the suit is part of your defense.

If I have answered all your questions, please highly rate my answer as that is how I receive credit. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

Richard - Bizlaw
Category: Landlord-Tenant
Satisfied Customers: 10,841
Experience: Commercial and residential leases in NY & NJ & US
Verified
Richard - Bizlaw and 87 other Landlord-Tenant Specialists are ready to help you
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Thank you for positively rating my answer. I am glad I could be of help. If you have questions in the future please ask for me Richard - Bizlaw.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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