The landlordasked if i want to renew i said yes. then he continued to send me statements and cashing my checks. He then sent me a u.d for maliciously staying in the unit. then they sent me an entry of judgement. should i go to court and get it dismissed or should i sign and cover the u.d under the "mask" still well within 60days. What are my options and consecluence?
Although your facts are not entirely clear, I think you are saying that the landlord filed a lawsuit for unlawful detainer against you, that you did not file a timely answer, and that the landlord was able to obtain a default judgment against you. If so, you need to immediately hire an attorney to file a motion to set aside the default and to vacate the default judgment.
If a default judgement has not yet been entered, you are not going to be able to go to court and get the unlawful detainer dismissed by yourself.
Do not sign a stipulation and judgment (sometimes called a stipulation for entry of judgment) if you do not understand the significant consequences of doing so.
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.
Family Law Attorney
I do not quite understand. Were you served with the Summons and Complaint for Unlawful Detainer? If so, file an answer with the court immediately. There is a five day period for answers, but so long as the landlord has not yet requested a default judgment, your answer will be accepted. When you say the words 'entry of judgment" it makes me think your landlord is asking you to stipulate (agree) to losing the case. Don't sign it. (A court-ordered UD judgment is form UD 110, a Stipulation for Entry of Judgment is form UD 115). Get to an attorney or a legal aid office immediately.