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How can i STOP a 5 day NOTICE TO VACATE? what steps do i need to take to stop this process?

North Hollywood, CA |

i received an unlawful detainer and didn't go to court. now i received a 5 day NOTICE TO VACATE on SUNDAY JANUARY 8TH, 2012(TOMORROW) and would like to know how i can STOP IT! i went to court to get the proper forms to fill out but was told i was filling out the wrong ones! i was told to do an EX-PARTE on MONDAY morning. i DO NOT HAVE ANY MONEY TO PAY A LAWYER and WOULD LIKE TO DO IT MYSELF BUT I AM SOOOO CONFUSED on what to do and how to even start the process. i have been doing research online and the more i research, the more confusing it gets! i will have the money i owe my landlord paid in full but a little after the date i am supposed to vacate! I DON'T KNOW WHAT TO DO!! any suggestions, links or whatever? i would really appreciate it! thank u so much! I AM IN LOS ANGELES, CA.

Attorney Answers 3

  1. If you were already served with a 5-day notice by the Sheriff's Department, at this late stage, probably the only person who can stop it is the landlord (or landlord's attorney).

    The court will not issue an order unless you make an ex parte application. However, your post does not indicate the basis which you believe you have a basis to set aside the default judgment against you. Without a valid reason, an ex parte application to stay the eviction will not be successful.

    The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.

  2. Unfortunately, your opportunity was those hearings you skipped.

    Strongly recommend you contact a LL-Tenant attorney in LA immediately.

    Some legal aid organizations maintain Saturday hours--call one and see if you can work with a volunteer attorney and identify a basis for setting aside the judgment--you have to give the court a reason set aside is previous judgment.

    I just Googled North Hollywood legal aid and found there is at least one organization in N. Hollywood, there are others in LA. Start dialing immediately.

    I am licensed in the Commonwealth of Virginia, answering your query does not create an attorney-client relationship and I AM NOT providing you 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--or rights to recovery of damages. I wish you the best of luck with your situation.

  3. you can try to seek a stay based on hardship but that requires posting the rent.

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