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My sons friend was served a unlawful detainer meant for me. not miss work to file a answer, was 26 days ago! No default yet?

La Habra, CA |

I have a lease. Ive been late before on rent and always paid, even a mo late. a 3- day was mailed not posted or given to me, 2 mo later a new 3 day was mailed and then summons and complaint given to my sons friend outside of my apt. My son visiting. I rushed and missed filing answer because of work. That was 26 days ago. Why hasnt the sheriff served an eviction w 5 days to move yet? My 16 yr old daughters name was on the amended lease attached to the summons. There are alot of empty apts and here and I wish I could make payments. Im waiting for the sheriff to come any day. Is there a time limit to file a default on me?

Attorney Answers 3


  1. There is no specific time limit by which a plaintiff in an unlawful detainer lawsuit must request entry of default. However, at some point in time, the court will likely set an Order to Show Cause hearing making the plaintiff explain the efforts and excuses for not prosecuting the case.

    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.


  2. Run to the courthouse to see if a default has been filed. If not, file an answer. You can answer so long as no request for default has been filed.


  3. or since you're sitting around waiting for the sheriff why don't you look for a new apt with the rent money you're not paying ??

    Responses to Avvo questions are based on a general discussion of the law and in no way constitute legal advice. No attorney-client relationship is created, and you should not take or fail to take actions based on my answers. Consult an attorney in your area. Time is often of the essence. Act quickly!

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