Legal Question in Landlord & Tenant Law in California

Unlawful Detainer
I filed an unlawful detainer..there was not an answer from the tenant. On 8/31, a Request for entry of default , a Judgment of Unlawful Detainer and A Writ of execution were filed. These documents were officially filed and a Clerk Judgment made and signed off on that date. A Writ of execution was taken to the Sheriff's Office and filed.
The question I have is..the tenant sent me two checks that would cover about half of of the back money owed..one of these was received today (Sept. 1). If I cash these checks would it make the Unlawful Detainer invalid and would I have to start over again?
There is approximately a $4000.00 balance still owed from the Unlawful Detainer, if I cash the checks. In addition, the rent for September would then be owed which is $2000.00.
Thank You

Asked on 9/01/07, 5:00 pm

Robert L. Bennett Law offices of Robert L. Bennett

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Re: Unlawful Detainer

If the judgment is entered on the court docket, cash the checks.

Otherwise, hold off until you can verify the judgment actually being entered.

You are correct in your hesitation. You would have to start all over again, if entry of Judgment isn't completed.

I'd wait until Tuesday, check the court records, and act accordingly.

Answered on 9/02/07, 12:43 pm

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