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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118153
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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How to file an Appeal for Unlawful Detainer The Judgement

Customer Question

How to file an Appeal for Unlawful Detainer? The Judgement was entered on September 13th, 2011, but I did not ever recieve a copy by mail. It was most likely mailed to the house I was evicted from. I did not file a change of address, since I did not receive any mail there - I used a Post Office Box for all of my other mail. But the Orange County, California Superior Court, that was used for this case, only had this address to contact me. So the Judgement may have been mailed there, but I never received a copy. I read online that I have 30 days to file an Appeal from the date I receive a copy of the Judgement - since I did not receive a copy, should I assume that I have 30 days from the date of the Judgement? September 13th? And if so, can I submit the Appeal form now, and possibly substitute an attorney in to represent me afterward? I'm concerned about how much information needs to be entered with the Appeal - or is it allowed to revise or add to it after submitting the Appeal form? Is the form allowed to have attachments for details?
Submitted: 5 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 5 years ago.
You would have to file a motion to vacate the default judgment that was entered against you and you need to provide proof that it was sent to the improper address so you had improper service. With lack of service, the 30 days from entry of judgment is not applied, you have to file the motion to vacate "within a reasonable time" of learning of the judgment being entered. You can substitute an attorney later, but it is best if you get an attorney now to submit the motion to vacate the judgment it would increase your chances. You can attach a form with your response to give additional details supporting your reasons as to why the judgment should be vacated.

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Customer: replied 5 years ago.
This is not an answer to my question, how to file the appeal...I already tried a Motion To Vacate, as referenced in my earlier question last month. It was denied. I called the court, and was told the judgement was not mailed. I think, therefore, that I have 90 days to file the appeal. I just wondered if I should attach a detailed explanation of the case with the appeal form.
Expert:  Law Educator, Esq. replied 5 years ago.
Yes, you should attach the additional sheet to the appeal outlining your facts and the case law supporting your position as to why this judgment was an error and should be reversed.
Customer: replied 5 years ago.
Ok, just wanted to ensure an attachment to the appeal form is allowed?...can it be several pages?
Expert:  Law Educator, Esq. replied 5 years ago.
Yes, you can attach multiple pages with your outline of your case and errors and legal cases to support your contention.
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Customer: replied 5 years ago.
can you send me a sample attachment to an appeal for unlawful detainer in California?
Expert:  Law Educator, Esq. replied 5 years ago.
We cannot send any documents via this service, sorry, that is prohibited and we are not set up like services such as legalzoom to draft documents for customers.
Customer: replied 5 years ago.
you sent me a sample for the stay last month?
Expert:  Law Educator, Esq. replied 5 years ago.
Because certain forms we have and those we can send, but the appeal you are asking for is something that is drafted for each specific case and as such we would have to draft it for you and that would be what is beyond our service.
Customer: replied 5 years ago.
no, I understand, but I was just wanting to see a sample attachment from another case of unlawful detainer - to have some references to quote, as most cases have, and the format, etc.
Expert:  Law Educator, Esq. replied 5 years ago.
Sorry, that is one that an attorney would have to actually draft from scratch and get cases that are specific to your issues. You can try a local paralegal, since many of them will assist in drafting these at a very reduced rate from an attorney.