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If a writ of possession states the wrong date the complaint was filed and the case # is also wrong is the writ invalid?

San Luis Obispo, CA |

The case number on the writ is a closed case where the judgment went to the tenant because of a defective notice and because of default when plaintiff was a no show that day. How can a writ of possession be ordered from a complaint in a case that was ruled in the tenants favor and then closed?

Attorney Answers 1

  1. The clerk if the court is responsible for executing such a writ. they should check the case number. If they didn't you will have a very hard time getting this unwound.

    But... you actually do own money in the other case, I am guessing. So, you would get nowhere fighting this error --if that is the case.

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