Legal Question in Landlord & Tenant Law in California
My landlord has obtained a judgement against me and I was never served any paperwork, but his wife states in a proof of service that she did serve me in person. I've never even met her. I was at home that night at the time indicated she served me with my 13 year old daughter, her 14 year old friend, and my sister and neice. What can I do to make this situation justifiable for humans sakes. I am dealing with a major slumlord who is losing his property to a foreclosure aution,
1 Answer from Attorneys
You can immediately file with the court and serve a motion to set aside the judgment on the ground that you were never served. Of course, you will also want to attach an answer that denies the landlord's claims upon which the eviction is based. You might go to a self-help center affiliated with the court (if any), or someone to assist you with the paperwork. Also, if you've received a sheriff's notice of eviction, you can file an ex parte application with the court to be heard probably the next day to stay (stop) the eviction while you prepare and file the remaining paperwork.
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