I received an unlawful detainer courtesy notice from the court. I wasn't served a Summons and Complaint. I never received a Summons and Complaint by mail. Yet, I received an Entry of Default letter. When I called the courthouse asking if there is proof of service they said it was entered on 03-07-2017. Which is the same day the Request of Entry of Default was filed. I cannot afford an attorney. The self-help and legal aid only help with answers.
I am not sure what you are asking of us: if you did not receive the summons and complaint you must make an application to the court to vacate or lift the default. The papers are formal and you can find models in a law library. However, since time is of the essence you should try to get this done this week.
If you are looking for legal help, please be advised that we cannot accept cases or make recommendations on this AVVO service
File a motion to set aside default based on the fact that you did not receive service or if it is easier, work the matter out with your landlord to pay/vacate etc.
I agree with the prior answers. Please post this question in the landlord/tenant section of Avvo. You will get far more precise and helpful question from the attorneys in that forum who specialize in this area of the law.
Any information or response to a post shall not be considered legal advice. Providing information or responding to posts on Avvo does not create an attorney-client relationship. The attorney-client relationship can only be created with a written retainer agreement. IRS Circular 230 Disclosure - To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This is a debt relief agency as defined by 11 USC §101(12(A)). We provide assistance for filing petitions for relief under the Bankruptcy Code. Thomas P. Kelly III, Attorney at Law 50 Old Courthouse Square, Suite 609, Santa Rosa, California, 95404-4926 Phone: 707-545-8700 Fax: 707-542-3371 Email: [email protected] www.redwoodbankruptcy.com
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline