C
CHRISTIEW
Guest
California:
At Unlawful detainer hearing, I proved retaliation by Landlord, then judge asked why I wanted to live in a place I was so unhappy. I told him that I had begged to get out of lease for months but Landlord refused. Judge told me if I could be moved out in two weeks, I wouldn't pay anything (rent for current month b/c Landlord wouldn't accept, utilities for 2 months & attorneys fees). I agreed & was moved out on time.
Problem is that when I picked up Minute Order, it didn't reflect what actually happened in court. All it said was that hearing was continued. I immediately called courthouse and the clerk that prepared the Minute Order told me she would correct Minutes and told me that I didn't need to attend the continued hearing because it was only for the Landlord to attend in case I hadn't moved out. Because of her advice, I didn't go to court and when I picked up Minute Order yesterday, I learned Landlord now has a Judgement against me! I have so much written documentation against Landlord and have spent way too much time trying to prove my case. I wish I could afford an attorney, but as a single mom, it is not possible. I can only hope someone here will be able to give me advice.
The clerk at the court told me I needed to file a "Motion to Set Aside Judgement", but when I asked for the form, she told me there wasn't a form, that it had to be prepared on pleading paper. GREAT! She couldn't tell me how many days I had to file this motion and I'm afraid that since the hearing was on 5/29/01, I may be wasting my time trying to prepare document.
On top of this mess, when I finished thoroughly cleaning my apartment and did a walk-through with Landlord (I expect my deposit back), he was so thrilled that I had cleaned the place and made improvements. Then the Manager handed me a small claims paper that he was suing me for $3,000 rent/utilities/property damage. When I asked why he did it, he told me not to worry about it because he only filed the suit because he wasn't sure how I was going to leave the place. Needless to say, I don't believe him.
Sorry such a long post!
Christie
At Unlawful detainer hearing, I proved retaliation by Landlord, then judge asked why I wanted to live in a place I was so unhappy. I told him that I had begged to get out of lease for months but Landlord refused. Judge told me if I could be moved out in two weeks, I wouldn't pay anything (rent for current month b/c Landlord wouldn't accept, utilities for 2 months & attorneys fees). I agreed & was moved out on time.
Problem is that when I picked up Minute Order, it didn't reflect what actually happened in court. All it said was that hearing was continued. I immediately called courthouse and the clerk that prepared the Minute Order told me she would correct Minutes and told me that I didn't need to attend the continued hearing because it was only for the Landlord to attend in case I hadn't moved out. Because of her advice, I didn't go to court and when I picked up Minute Order yesterday, I learned Landlord now has a Judgement against me! I have so much written documentation against Landlord and have spent way too much time trying to prove my case. I wish I could afford an attorney, but as a single mom, it is not possible. I can only hope someone here will be able to give me advice.
The clerk at the court told me I needed to file a "Motion to Set Aside Judgement", but when I asked for the form, she told me there wasn't a form, that it had to be prepared on pleading paper. GREAT! She couldn't tell me how many days I had to file this motion and I'm afraid that since the hearing was on 5/29/01, I may be wasting my time trying to prepare document.
On top of this mess, when I finished thoroughly cleaning my apartment and did a walk-through with Landlord (I expect my deposit back), he was so thrilled that I had cleaned the place and made improvements. Then the Manager handed me a small claims paper that he was suing me for $3,000 rent/utilities/property damage. When I asked why he did it, he told me not to worry about it because he only filed the suit because he wasn't sure how I was going to leave the place. Needless to say, I don't believe him.
Sorry such a long post!
Christie