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  1. #1
    RidgeRunner432 is offline Junior Member
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    Cool Can unlawful detainer judgement be removed?

    California. I was sued for unlawful detainer and lost by default. The judge awarded the plaintiff the unpaid rent and court fees and judgement. I was the tenant and I have vacated the property. I would like to know if there is any way to get the judgement set aside or there are specific legal manuvers so the judgement and UD does not appear in my credit report? I understand an UD on a rental application is the kiss of death and will limit my options. California. San Diego County.
  2. #2
    Zigner is offline Senior Member
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    When did this occur (the default)?
  3. #3
    atomizer is offline Senior Member
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    A little late in the game to be concerned about your credit or ability to get housing. There is usually a period of time in which you can appeal, somewhere in the neighborhood of 10 days.
  4. #4
    Searchertwin is offline Senior Member
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    I believe op learn a valuable lesson here. He probably didn't realize or CARE at the time of "occupying the place free," it would cause so much trouble for him NOW. Guess LL got the last laugh.
  5. #5
    sandyclaus is offline Senior Member
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    Quote Originally Posted by RidgeRunner432 View Post
    California. I was sued for unlawful detainer and lost by default. The judge awarded the plaintiff the unpaid rent and court fees and judgement. I was the tenant and I have vacated the property. I would like to know if there is any way to get the judgement set aside or there are specific legal manuvers so the judgement and UD does not appear in my credit report? I understand an UD on a rental application is the kiss of death and will limit my options. California. San Diego County.
    Sorry, but if you were so concerned about having the UD on your record, then you should have taken care of your rent obligation BEFORE the eviction was filed, or at least stood up in court to fight it instead of just letting it go to the LL by default.

    There are NO legal maneuvers you can use at this late date to remove a legitimately earned Unlawful Detainer from your record. If you were so worried about your credit report and rental history for future LLs, you should have considered what was to happen when you stopped paying your rent in the first place.

    Quote Originally Posted by atomizer View Post
    A little late in the game to be concerned about your credit or ability to get housing. There is usually a period of time in which you can appeal, somewhere in the neighborhood of 10 days.
    CA law allows 30 days from the date of the original judgment to appeal that judgment. After the 30 day period, the judgement is pretty much set in the record. He might be able to file a request with the court to set aside the default judgment if there are legitimate grounds to do so, otherwise he is wasting time and money, both for himself and the court.
  6. #6
    RCNET is offline Junior Member
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    Question Responders are quick to judge not so fast help!

    I have read the answers and they are based on ASSUMPTIONS, standard ones at that.

    1. I have a notorized lease, 8 months left on it's term.
    2. Residential house was sold back to bank in forclosure sale.
    3. I am not the previous owner or related.
    4. After the sale I was not contacted by new owner Bank. instead , I happen to be out of town and they send a crew
    of limited english speaking men to come on to the properety and start taking my possesion. A person there watching the
    house for me while I was away managed to call an asset manager for the bank and they said it was a mistake.
    5. 14 days later they filed a UD suit. They refused any payment of rent, they said they wanted me out. In Ca there is 3 day 30 day 60 day and 90
    rquired notice to vacate before you can file suit. Since they filed in fourteen days, I am assuming this would be considered a "3 day " notice.

    I trioed to contact them , they had specialty law firm that handles their evictions and they refused to talk. They said they would not drop the UD lawsuit, and wanted the court to evict. I had no choice but to fight. They did not give me enough time to pack up my personal workshop that I had put in place at this residence at a significant cost.

    I demured and lost on that I didn't get 60 days to move before they filed suit. I answeredand told the court that they refused to give me a name and address to pay the rent. A trial was held and because 100 days had passed, the judge ruled against me and gave possesion back to the bank.

    I did not want to fight but they refused to negotiate, even if I moived out they wanted a court judgement. One reason is that the previous opwner is suing them for fraud on a loan. I was just a tennant.

    I filed an appeal, but I would like to just cut a deal to remove the judgement. I have consulted lawyers and they all say an appeal is to costly but they all (3) say the judged erred, in not dismissing the lawsuit because of improper notice to vacate to a tenant.

    I have taled to big time attorneys also who say they wont take a cas in our county because the judges are all bias against tenants and previous owners, they see them as deadbeatss.

    This one prominant attorney says he only takes these cases if the client realizes that he will defend , but with the methods that the case will be won on appeal.

    He says no one takes him up on his offfer. So I need to know if I can do some type of stipulation and take it to the judge and have the judgement set aside. I can't do a motion to vacate because the time was shorter for that than an appeal.

    Any body know how to get the judgement setaside with the bank agreeing if I drop the appeal.
  7. #7
    TheGeekess is offline Senior Member
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    Quote Originally Posted by RCNET View Post
    I have read the answers and they are based on ASSUMPTIONS, standard ones at that.

    1. I have a notorized lease, 8 months left on it's term.
    2. Residential house was sold back to bank in forclosure sale.
    3. I am not the previous owner or related.
    4. After the sale I was not contacted by new owner Bank. instead , I happen to be out of town and they send a crew
    of limited english speaking men to come on to the properety and start taking my possesion. A person there watching the
    house for me while I was away managed to call an asset manager for the bank and they said it was a mistake.
    5. 14 days later they filed a UD suit. They refused any payment of rent, they said they wanted me out. In Ca there is 3 day 30 day 60 day and 90
    rquired notice to vacate before you can file suit. Since they filed in fourteen days, I am assuming this would be considered a "3 day " notice.

    I trioed to contact them , they had specialty law firm that handles their evictions and they refused to talk. They said they would not drop the UD lawsuit, and wanted the court to evict. I had no choice but to fight. They did not give me enough time to pack up my personal workshop that I had put in place at this residence at a significant cost.

    I demured and lost on that I didn't get 60 days to move before they filed suit. I answeredand told the court that they refused to give me a name and address to pay the rent. A trial was held and because 100 days had passed, the judge ruled against me and gave possesion back to the bank.

    I did not want to fight but they refused to negotiate, even if I moived out they wanted a court judgement. One reason is that the previous opwner is suing them for fraud on a loan. I was just a tennant.

    I filed an appeal, but I would like to just cut a deal to remove the judgement. I have consulted lawyers and they all say an appeal is to costly but they all (3) say the judged erred, in not dismissing the lawsuit because of improper notice to vacate to a tenant.

    I have taled to big time attorneys also who say they wont take a cas in our county because the judges are all bias against tenants and previous owners, they see them as deadbeatss.

    This one prominant attorney says he only takes these cases if the client realizes that he will defend , but with the methods that the case will be won on appeal.

    He says no one takes him up on his offfer. So I need to know if I can do some type of stipulation and take it to the judge and have the judgement set aside. I can't do a motion to vacate because the time was shorter for that than an appeal.

    Any body know how to get the judgement setaside with the bank agreeing if I drop the appeal.
    Please don't necropost. If you have a question, start your own thread.
  8. #8
    OHRoadwarrior is offline Senior Member
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    Not starting your own thread aside, by your own admission, you had over 3 months to pack up and get out of the banks property. Instead, you decided you were going to do what you wanted. Now you have reaped what you have sown.
  9. #9
    latigo is offline Senior Member
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    Quote Originally Posted by atomizer View Post
    . . . . There is usually a period of time in which you can appeal, somewhere in the neighborhood of 10 days.
    With all respect due for the effort, your erroneous and misleading response demonstrates that you do not have a clue regarding the subject matter of this thread!

    When due to the defendant's failure to appear and contest the action, whether one for unlawful detainer or otherwise, and a judgment is taken against the defendant by default, there is NO right of appeal from that judgment!

    Depending on timeliness, the attendant circumstances giving rise to the default - AND subject to the conditions, requisites and penalties specified in California’s Code of Civil Procedure at Sections 473 (b) et seq - And upon a proper motion, affidavit and proposed pleading, the OP may or may not obtain relief from the default.


    (b) The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. * * * * “

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