Legal Question in Real Estate Law in California
How to obtain relief from default judgement in unlawful detainer case
I was served with unlawful detainer complaint in Palmdale courthouse-superior court- and did not reply on time due to absessed tooth and if there is a default judgement made before I can file answer, how do i request relief from a default judgement and get a stay of eviction until default is decided?
1 Answer from Attorneys
Re: How to obtain relief from default judgement in unlawful detainer case
Your best path for relief will depend upon whether the action is in small claims or municipal court, whether the landlord has already applied for entry of default and/or a writ of execution.
There is a limited possibility of relief from default, especially if you have solid reasons for defaulting and for breaching your lease (if you did). Carrying out any action for relief will at least require consultation with a local lawyer, and maybe you'll have to retain one, unless it's a small claims action.