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LL filed false proof of service, Order to Show Cause? or Motion to Set Aside Default? Which stops lockout? Benefit?

Modesto, CA |

LL defaulted in 5th month of 1yr lease. Harassment & intimidation 2 sue if I moved. I was not able 2 affordsuite n rent,so I stay-n-pay, drained 401k, harassment escalated. Lost 2jobs from taking time off work 2 deal with. LL came 2 home try bust window called cops got PO order. Now 2 busted windows later inform broker, sd not prprty manager, frwrd 2 client, got buyer approval buyer will not buy with tenant, and removing my number from MLS. Call wed 2 courts like always 2-3 times a month confirm no orders, multiple threats, etc,. advised show file only. Tryin 2 find legal help, call back fri sd wed later in evening filed false proof of service. Date given, day after email agent sme time I call cops LL@hme just laughing & recording me on cell. I recorded &2witness she was alone

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Attorney answers 1


If you want to stop a lockout, you will need to file a motion to stay and to set aside the judgment, you have to file a motion to vacate and set aside. Meet with a good landlord/tenant attorney and provide facts in detail.

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Thank you for your response, just to clarify, there are four things I need to file.? What would be the form name and what would I need to add to them? all the police reports and my civil harassment case information and the emails of threats including the one where I requested repair? Due to the continued threats, harassment and time off to address all things received created the job loss so filing the motion to stay to my understanding if rent can not be paid is will be denied. I don't qualify for legal aid in my county and with no funds to pay for assistance I have no options, but to use services like here. I have called and left messages on multiple voicemails, websites, etc since last year, I have lost money on sites claiming to have lawyers that can help and to no prevail, not much of anything which has lead me hear. I am only trying to right a wrong, the due process of giving a reason, addressing what I was accused of. Had I been given that right after provided all documents pertaining to this matter I might not have been here. Laws are in place for a reason I do understand that, with that being said I am not pleading innocence, I am only asking that l have to chance to legally defend myself. Thank you and God Bless.