and it said service by posting alone is insufficient and service by mail alone is insufficient the judge refused to see the evidence that there was fraud so what can i do now the write is going to be issued on Wednesday at 6 am
Personal Injury Lawyer
I've added a "Landlord / Tenant" tag to your post. Best of luck to you.
Real Estate Attorney
You need to see an attorney first thing Monday. I gather your default was taken after insufficient service of process, but I cannot be sure. You have to state many more facts regarding the type of case, the method of service, and what steps were taken. How did the matter come before the judge?
Your statements of law are correct. However, it is not clear when your mother tried to argue fraud. It seems a judgment has already been entered.
For general information for tenants, see:
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
Contact a lawyer to stop the writ from being executed by the sheriff. You may need to file a motion to set aside default judgment or motion to stay the execution of the writ of possession.
Marcus W. Morales, Esq.
115 W. Mission St.
Santa Barbara, CA 93101
All content posted on marcusmoraleslaw.com and avvo.com is for educational purposes only and should not be relied on as legal advice. Any information conveyed to marcusmoraleslaw.com, avvo.com or by telephone to the Law Offices of Marcus W. Morales does not create an attorney-client relationship until an attorney-client fee agreement has been entered into and signed by both parties.
Have you tried to contact Legal Aid at http://about.lsnc.net/about-2/contact-us-3/
READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.