Legal Question in Real Estate Law in California

What can I do after a default judgement has been entered against me?
The property I live in was sold, I was given a thirty day notice to quit by the new owner. Unfortunately, I am unable to move because I am unemployed. After receiving the ''Notice of Unlawful Detainer FILING'', I went to the courthouse and requested more information, I was told to wait for the Court Summons. The landlord never served me with the Court Summons and a default judgement was entered against me. I am certain the landlord has taken such actions, not only, because he sold the property but also because I had to call a city inspector in order to have repairs made to my apartment. Clearly it is retaliation. I am certain that if I had presented my case to the judge he/she would have ruled in my favor. I think that my only option at this time is to file a motion to set aside default judgement, can you please tell me if this is true? and, how to file said motion? or, do I have other alternatives? Plus...the proof of service document is signed on July but it states that the summons was mailed to me in August.
Please help me!

Asked on 9/03/02, 9:29 pm

Mitchell Roth MW Roth, Professional Law Corporation

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Re: What can I do after a default judgement has been entered against me?

If you move quickly the default judgment can be set aside by making a motion to the court.

If the judgment is for a significant amount and if you have defenses to the law suit, you should contact an attorney right away.

Let us know if we can be of further assistance.

Answered on 9/04/02, 1:12 am

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