This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Give the Request/Counter-Request to Set Case for Trial —Unlawful Detainer (form UD-150) and the completed Proof of Service by Mail to the clerk for filing. If you are representing yourself, someone else must mail these papers and sign the Proof of Service by Mail.
To respond to the eviction case, you start with filling out an Answer or other response forms. Then, you file them with the court. This gives you the chance to tell the judge if there are any legal reasons your landlord can't evict you and tell your side of the story at a court trial.
To respond to the eviction case, you start with filling out an Answer or other response forms. Then, you file them with the court. This gives you the chance to tell the judge if there are any legal reasons your landlord can't evict you and tell your side of the story at a court trial.
If a resident or their lawyer wishes to prevent the sheriff from executing the Writ of Possession and displacing them, they can do so by filing a Motion to Stay the Writ of Possession. This document is also called a stay writ. The writ may be typed or handwritten, depending on which is more convenient for both parties.
Draft a legal motion to dismiss, listing all defenses by which the landlord violated eviction laws. File the motion with a request for a court hearing date to decide on the motion. Show up at the hearing with evidence to convince the judge to grant the motion and dismiss the case.
It is very rare that a judge will overturn their initial decision, but it can happen if you can point to something compelling they missed the first time around. If your argument is that the judge was simply wrong, you are almost never going to win.
The court may issue the writ on the same day or within a few days, depending on the county.
A landlord cannot evict tenants or remove their belongings from a rental home without first getting a judgment for possession and then a warrant of removal from the court. Only a special civil part officer can perform the eviction on behalf of a landlord.
(See below: “How do I get a stay of the writ of restitution?”) To have the judgment removed from your case, you need to file a Motion to Vacate Default Judgment with an Answer. missed your court hearing. Unless you have a stay, you can be evicted even if you file a Motion to Vacate Default Judgment.
Yes. You should file a Motion to set aside default judgement. Once you do that you will have to address the underlying lawsuit. You will probably end up negotiating a settlement with the creditor.