Legal Question in Real Estate Law in California

Re: Forms for Relief from forfeiture

You should file a motion to vacate the default judgment, then if that fails, file a motion for relief from forfeiture.

If the landlord accepted rent from you after the filing of the lawsuit, that might be enough to force the lawsuit to be dismissed.

I'm not aware of any prepared forms to vacate a default judgment. In any event, you will have to pay the filing fees to file the motion.

Re: Forms for Relief from forfeiture

There are no forms for free that you can obtain that can help you. Normally, a person or attorney would have to bring an ex-parte motion to stay the eviction and set aside the judgment based upon the proof that you have that the landlord accepted the rent.

Re: Forms for Relief from forfeiture

No, you should file an ex parte motion for stay of execution and to vacate default judgment. No, you should not try to appeal. You cannot file the forms on line and you cannot file the forms for free (although you may qualify for a waiver of filing fees), You can get the forms you need on line for free, but let's get real, unless you have a great deal of experience in this area, you will get blown out of the water. You might be interested in knowing that the sheriff will post a 5 day notice on your door and will remove you on the 5th day. Once you are out the landlord can convert the judgment to a money judgment against you. Your name and social security number will appear on the unlawful detainer registry and it will become very dificult to find another place to rent (now you know why your landlord asked for your SSN when you applied). I can help to set aside the default, and get a stay if you have not already moved out.