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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,m a tenant, I received a court document called " Request

Customer Question

i,m a tenant, I received a court document called " Request For Entry Of Default " dated June 8th 2016 what happens next and what's the time frame. Is there anything I can do to delay the process
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

An "entry of default" means that you were sued (I am going to assume that you were served with an "unlawful detainer/forcible entry and detainer" (or an "eviction") suit), and that you failed to file a responsive pleading.

If you do not file a response to a court action, the plaintiff (again, I will assume your landlord) is going to win "by default".

If this really is an eviction, the next step is that the landlord is going to get a judgment of possession (usually happens at the same time), and then they will get a "writ of eviction" to be given to the sheriff or constable.

You will then usually (not always) receive a notice from the sheriff or constable that you will be evicted in 3-5 days, and if you are not out by then, the sheriff will forcibly evict you and laborers hired by the landlord will move your belongings from the unit to the curb (and any loss due to theft or weather is at your risk, not theirs).

You can try going to court to stop this and file what is called a "motion to vacate default" in court first thing on Monday morning, but this type of motion is not often granted in unlawful detainer actions.

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