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How do I filing a stipulation for possession and money judgment

Hayward, CA |
Filed under: Litigation

I have a stipulation for an unlawful detainer case. The stipulation allows for entry of judgment if defendant defaults on settlement payments or fails to move out by specific date. Defendant failed to move out by the date and then failed to make her next settlement payment. What kind of declaration do I need to make and what other forms or documents do I need. Also, I did not file a notice of settlement" is it too late to do so? Do I need to in order to ask for judgment and should I do it now?

Attorney Answers 3

Posted

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

It is difficult to answer your question without reviewing your case documents. If the stipulation was properly drafted and executed by all parties, it can be filed with the Court. Along with the stipulation, you will need to file a verified declaration setting out facts that would trigger your right to possession and to money damages under the terms of the stipulation. You should also submit a proposed order for the court to sign. Each of the items should be properly served on all parties and proof of service must be attached before filing them with the court clerk. Be sure to consult your own attorney to protect your legal rights.

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Asker

Posted

How long does the defendant have to respond? And what if I don't know where to serve? Can I email it?

Robin Mashal

Robin Mashal

Posted

(See Disclaimers Above): The response question will depend on how the stipulation was worded. Some stipulations require the plaintiff to give notice (e.g. fax) to the defendant and wait certain length of time (e.g. 3 days) before being able to seek judgment, others don't. Some stipulations allow plaintiff to go in ex parte, others don't. Service of the papers must be by mail, unless the stipulation provides otherwise. Service is to the last known address of defendant, unless a different address has been provided.

Asker

Posted

The stipulation allows for exparte, but don't you need irreparable harm? Or since the stipulation allows for ex parte, then that is enough? Wouldn't just filing the stipulation be easier and cost less in court fees?

Posted

I agree with Attorney Mashal, I wonder exactly what you have and what the documents say? If you have a valid and signed stipulation, you can file it with the court along with an ex parte application and declaration asking the court, once you file an underlying complaint and serve it, to enter an order of judgment against the defendant persuant to the terms of the stipulation. Once you get the judgment, you need to serve a notice of entry of judgment and the judgment on the defendant and then if they don't appeal, you begin collection proceedings. I hope they are collectable or it may not be worth pursing depending on the amount owed? Good Luck

Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

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Posted

In regard to your question, an attorney will have to review the specific language contained in your Stipulation in regard to interpreting exactly what you have to do in regard to compliance. Your interpretation of what the agreement says is not enough for an attorney to formulate a valid opinion. By and through your statement, it appears you do not understand very much about the legal process. On that basis, an attorney can’t formulate an opinion telling you how to move forward without reviewing the underlying documents. You should immediately see an unlawful detainer attorney.

I hope this is helpful.

John N. Kitta
Fremont

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