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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118238
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I was never served notice of an unlawful detainer and

Customer Question

hello I was never served notice of an unlawful detainer and had an ex parte hearing to have a stay of exection of writ but judge denied stating that the process server documented everything correctly. what happens next
JA: The Real Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no I havent
JA: Please tell me everything you can about this issue so the Real Estate Lawyer can help you best. Is there anything else important you think the Real Estate Lawyer should know?
Customer: the lanlord's attorney agreed that the process server was not credible but he told me that not the judge at this point I just would like to know how much time Ill have before I need to leave and wondering if I can fight this after I move out because this case was not handled correctly at all
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You can fight this after you move out only if you can produce evidence that the process server did not serve you. As of now, the court believes he served you properly, meaning you bear the burden of proof to provide evidence he did not and the landlord's attorney cannot testify regarding what he told you so you need actual evidence.
As far as how much time you will have to leave, the original order would stand and you have to get out within that number of days unless the landlord agrees to give you more time.