what a mess

[ginlee2]

What is the name of your state (only U.S. law)? California
We hired an attorney that has done nothing but make mistakes. For 2 years we have been trying to evict a lady (out on bail for embezzlement) and no attorney has been able to finish this case. I am trying to understand where we are. two people were on the three day notice...one was the Leasee and one (Karen) the quest. But only Karen was served because the leasee has been gone for two years. First court date 1/27/11 and Judgement given on 2/8/11. A Motion to quash service was bought up because Leasee was not served. Leasee was finally served on 2/27/11 by mail and everybody went to court again on 3/10/11 because a attorney showed up for the leasee who is to have her day in court.
Not sure what has happened after that but our attorne finally files the writ (sent in 5/5/11. Oh wait, not really...she sends it in with a 40.00 check and not the 25.00 fee which is the real filing fee and so sent back to her on 5/16/11. I went to her office and picked up another one because she said that she had just mailed it again. do not trust her. Got to courthouse only to find out that she had made mistakes on the form. With the clerks help I filled in the blanks. The question is could the attorney haved filed the writ right after the judgement or the last court date of 3/10/11.

 

[Searchertwin]

What is the name of your state (only U.S. law)? California
We hired an attorney that has done nothing but make mistakes. For 2 years we have been trying to evict a lady (out on bail for embezzlement) and no attorney has been able to finish this case. I am trying to understand where we are. two people were on the three day notice...one was the Leasee and one (Karen) the quest. But only Karen was served because the leasee has been gone for two years. First court date 1/27/11 and Judgement given on 2/8/11. A Motion to quash service was bought up because Leasee was not served. Leasee was finally served on 2/27/11 by mail and everybody went to court again on 3/10/11 because a attorney showed up for the leasee who is to have her day in court.
Not sure what has happened after that but our attorne finally files the writ (sent in 5/5/11. Oh wait, not really...she sends it in with a 40.00 check and not the 25.00 fee which is the real filing fee and so sent back to her on 5/16/11. I went to her office and picked up another one because she said that she had just mailed it again. do not trust her. Got to courthouse only to find out that she had made mistakes on the form. With the clerks help I filled in the blanks. The question is could the attorney haved filed the writ right after the judgement or the last court date of 3/10/11.

Couldn't have been sent after the judgement because that was thrown out due to tenant not being served.
On 3/10/11 was when it should have been filed.
Get rid of that attorney and refuse to pay on bases that you and a clerk had to redo the forms due to her mistakes. Pay only for service rendered and that was done properly.

 

[ginlee2]

thank you but there is more

I started another thread tonight called....6 months and tenant is still there.

This is a little bit different because I am not sure what is happening on this one. Maybe you could tell me if we are even close to getting the tenant out. Oh forgot to mention that the writ was denied on 3/16 because leasee did not get her day in court so now no judgement.

I want to cry. Ben is the owner and is 65 years old. Has lost his home and another home plus all of his retirement trying to get this lady out. I just want to cry.

 

[divona2000]

I started another thread tonight....

Please don't start new threads for the same matter. Keep it all in one.

Edit to add-
OP, who are you in all of this?
Since, despite all of the I-We-Our in your posts, you state "Ben is the owner and is 65 years old. Has lost his home and another home plus all of his retirement trying to get this lady out."

 

[ginlee2]

what a mess but finally got the judgement

Went to court today and got the judgement...we filed the writ and now have to wait for a couple of days to get it recorded.

The home has to be sold in a short sale and We want to show the house this weekend...is a 24 hour notice good enough to let realtors come in and see the house and can we stay there for 4 hours.

 

[Searchertwin]

Went to court today and got the judgement...we filed the writ and now have to wait for a couple of days to get it recorded.

The home has to be sold in a short sale and We want to show the house this weekend...is a 24 hour notice good enough to let realtors come in and see the house and can we stay there for 4 hours.

24 Hours is good, but you can go with 12 hours. I wouldn't do anything less than that. Give tenant time to clean, if they do. You can stay while the realtor is showing the house. Realtors don't like that, but you will need to be there if house has furniture and things. Realtors don't keep an eye on people and "lookers" will take things if you don't watch them. This way you can follow and answer questions if they ask. Realtors at times, don't even know where the boundary line is, they just make their presence. Good luck on selling.

 

[ginlee2]

what a mess and help on civil code 1954

I check this civil code but really confussed. As you know it has be 2 years trying to get this done and the CC says "...if the lanlord or his or her agent has notified the tenant in writing within 120 days of the oral notice that the property is for sale and that the landlord or agen may contact the tenant orally for the purpose described above...". We are desperate to short sale this house before it goes into foreclosure, we did not give 120 notice but was going to give notice today...can we still show the house if we give 24 hour notice????

 

[Searchertwin]

I check this civil code but really confussed. As you know it has be 2 years trying to get this done and the CC says "...if the lanlord or his or her agent has notified the tenant in writing within 120 days of the oral notice that the property is for sale and that the landlord or agen may contact the tenant orally for the purpose described above...". We are desperate to short sale this house before it goes into foreclosure, we did not give 120 notice but was going to give notice today...can we still show the house if we give 24 hour notice????

Did you at any time tell her you were going to sell? If you have than send a ccr letter today and set up a time in 24 hours after you mail. You met your obligation. If you didn't tell her orally, it will be your word against her. Send notice and schedule 24 hours from date of delivery.

I have know families that went into foreclosure, if you tell them you are trying to sell, they will back off and give you time. One foreclosure wanted to see proof that you are trying to sell. Send them the listing and the letter you are sending the tenant.