You need to see an attorney first thing Monday. I gather your default was taken after insufficient service of process, but I cannot be sure. You have to state many more facts regarding the type of case, the method of service, and what steps were taken. How did the matter come before the judge?
Your statements of law are correct. However, it is not clear when your mother tried to argue fraud. It seems a judgment has already been entered.
For general information for tenants, see:
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.
Contact a lawyer to stop the writ from being executed by the sheriff. You may need to file a motion to set aside default judgment or motion to stay the execution of the writ of possession.
Marcus W. Morales, Esq.
115 W. Mission St.
Santa Barbara, CA 93101
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Have you tried to contact Legal Aid at http://about.lsnc.net/about-2/contact-us-3/
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