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?
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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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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
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Divorce / Separation Lawyer
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
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