Summary
If you missed the deadline to vacate a default judgment in an unlawful detainer case, you might still have options. In California, you can file a motion to set aside the judgment due to improper notification, lack of signed documents, or fraud. Gather evidence like USPS records and proof of ownership issues. In probate cases, ensure the will is submitted and challenge any fraudulent actions by the estate administrator. Consider filing a petition if necessary. This guide provides a clear plan to address these legal challenges, even without an attorney.Full Conversation
I was an unnamed defendant in a UD, the time to file or ask to vacate the default decision has passed, however I learned that U
Hey Jose! It sounds like you're dealing with a default judgment in an unlawful detainer (UD) case. Even though the usual time to vacate the judgment has passed, there might be exceptions.
- In California, you could file a motion to set aside the judgment based on "extrinsic fraud" or "extrinsic mistake."
- These are exceptional circumstances like deception preventing you from participating in the case.
Can you provide more details on why you were unnamed and any new evidence or information you have?
We were never notified properly, I have proof that the certified letter stayed in USPS warehouse for over * weeks, USPS sent messages, it wasn't till it was about to be returned they paid more postage I believe to add documents and it went out on April *, we were sued on April *,* default , UD * was not signed by judicial officer when efiled by clerk. Statements on Court pleading were made as Estate Administrator was owner of property and no papers were filed as proof. We were given a 60 day notice from Adminstrator who never announced herself to be, we never had a rental agreement with her, therefore no tenant/Landlord relationship. I was a lodger renting a room in the house and was unnamed and listed as Does *-*, I never received proper notification, on a due diligence form, my car is described as a Honda and its a Hyundai.
It sounds like you have multiple grounds to challenge the default judgment:
- Improper notification process.
- Lack of signed UD-* by a judicial officer.
- No proof of the Estate Administrator's ownership.
- Absence of a tenant/landlord relationship.
- Incorrect car description on the due diligence form.
You may want to consult a lawyer to help you file a motion to set aside the judgment based on these issues.
Would you like information on contacting local legal aid services?
there are no legal aid services in Fresno
It seems like you have a strong case to potentially set aside the default judgment based on the multiple grounds you mentioned. Here are some possible next steps:
- Consider consulting with a private attorney who specializes in unlawful detainer cases.
- File a motion to set aside the default judgment citing improper notification and other discrepancies.
Would you like guidance on how to find a private attorney or any other assistance?
I can't afford a attorney and there are no pro bono services in fresno county and most all legal aid only helps pre judgement cases and not post.
Given your situation, it seems you have several valid grounds for challenging the default judgment. Here are some steps you can take on your own:
- File a Motion to Set Aside Default Judgment: You can do this without an attorney. Focus on:
- Improper notification process.
- Lack of signed UD-*.
- No proof of the Estate Administrator’s ownership.
- Absence of a tenant/landlord relationship.
- Incorrect car description on the due diligence form.
Would you like a simple guide on how to file this motion yourself?
yes
Sure! Here's a simple guide to file a Motion to Set Aside Default Judgment in California:
*. Prepare Your Motion:
- Title your document as "Notice of Motion and Motion to Set Aside Default Judgment."
- State your reasons, focusing on improper notification, lack of signed UD-*, no proof of ownership, absence of tenant/landlord relationship, and incorrect car description.
*. Gather Evidence:
- Proof of improper notification (USPS records).
- Evidence showing the lack of signed UD-*.
- Documents proving no tenant/landlord relationship.
- Evidence of incorrect car description.
*. Complete Forms:
- Fill out the necessary court forms, including the Motion to Set Aside Default Judgment (Form CIV-*).
*. File the Motion:
- Submit your motion and supporting documents to the court clerk.
- Pay the filing fee or request a fee waiver if you qualify.
*. Serve the Motion:
- Serve a copy of the motion to the opposing party (usually the landlord or their attorney).
*. Attend the Hearing:
- A hearing date will be set. Attend the hearing and present your case.
Would youlike more detailed instructions or help with any specific part of this process?
yes
Sure, I'd be happy to provide more detailed instructions. Let's break it down step-by-step:
*. Prepare Your Motion:
- Title: "Notice of Motion and Motion to Set Aside Default Judgment."
- Reasons: Clearly state the grounds (improper notification, lack of signed UD-*, no proof of ownership, absence of tenant/landlord relationship, incorrect car description).
*. Gather Evidence:
- Proof of improper notification (e.g., USPS records showing delayed delivery).
- Evidence of the unsigned UD-* form.
- Documents indicating no tenant/landlord relationship (e.g., lack of rental agreement).
- Evidence of the incorrect car description (e.g., car registration or photos).
*. Complete Forms:
- Fill out Form CIV-* (Motion to Set Aside Default Judgment).
- Attach a declaration explaining your situation and evidence.
*. File the Motion:
- Submit your motion and supporting documents to the court clerk.
- Pay the filing fee or apply for a fee waiver (use Form FW-* for the fee waiver).
*. Serve the Motion:
- Serve a copy of the motion to the opposing party (landSure, I'd be happy to provide more detailed instructions. Let's break it down step-by-step:
*. Prepare Your Motion:
- Title: "Notice of Motion and Motion to Set Aside Default Judgment."
- Reasons: Clearly state the grounds (improper notification, lack of signed UD-*, no proof of ownership, absence of tenant/landlord relationship, incorrect car description).
*. Gather Evidence:
- Proof of improper notification (e.g., USPS records showing delayed delivery).
- Evidence of the unsigned UD-* form.
- Documents indicating no tenant/landlord relationship (e.g., lack of rental agreement).
- Evidence of the incorrect car description (e.g., car registration or photos).
*. Complete Forms:
- Fill out Form CIV-* (Motion to Set Aside Default Judgment).
- Attach a declaration explaining your situation and evidence.
*. File the Motion:
- Submit your motion and supporting documents to the court clerk.
- Pay the filing fee or apply for a fee waiver (use Form FW-* for the fee waiver).
*. Serve the Motion:
- Serve a copy of the motion to the opposing party (land
if the estate administrator and her attorney state she is the owner of property without proof , is that considered fruad.
If the estate administrator claims ownership without providing proof, it could be considered fraud if they intentionally misled the court or other parties. Fraud generally involves intentional deception for personal gain.
Would you like more information on how to address this in your motion or any other assistance?
yes
Certainly! Here’s how you can address the potential fraud claim in your motion:
*. State the Fraud:
- Clearly mention that the estate administrator and her attorney claimed ownership without providing proof.
*. Provide Evidence:
- Collect any documents or evidence showing the lack of ownership proof submitted by the estate administrator.
*. Detail the Impact:
- Explain how this misinformation affected the case, e.g., leading to an unjust default judgment.
*. Request Relief:
- Specifically ask the court to set aside the default judgment based on this potential fraud.
Would you like a template for this part of your motion?
yes , there is also a open probate case involving the propety. there is a will that was left to the brother of the estate adminstrator, thier mother left him everything and nothing to his siblings because they are well off and the brother gave up his career to care for both parents, a step brother and neice. after mother passed, the sister got a cousin to apply for adminstrator because they believed there wasn't a will, the cousin told the brother that he was doing this to help, however when the brother found out their true intentions, he stopped offering information. When they went to court, they learned of the will, the cousin dropped out of trying for Estate Administrator, the sister who signed a quit claim deed relquinshing rights and interest in the property was made to sign the document as part of parents divorce proceeding, that document isn't filed with probate court and I believe it was intentionallly left out for the court not to consider it.
Your situation is quite complex with multiple legal issues involved. Here’s how you can proceed:
*. File a Motion to Set Aside Default Judgment:
- Focus on improper notification, lack of signed UD-*, no proof of ownership, absence of tenant/landlord relationship, and incorrect car description.
*. Address Potential Fraud:
- Clearly state that the estate administrator claimed ownership without proof.
- Provide any evidence of the lack of ownership proof.
- Explain how this misinformation affected the case.
*. Probate Case Actions:
- Ensure the will is submitted to the probate court.
- Challenge the sister’s actions and the validity of documents not filed with the court.
- Consider filing a petition to remove the estate administrator if necessary.
Would you like a template for your motion or assistance with the probate case?
tes
Sure, here's how to approach both the Motion to Set Aside Default Judgment and the probate case:
Motion to Set Aside Default Judgment
Template for Motion
*.
Title: "Notice of Motion and Motion to Set Aside Default Judgment"
*.
Introduction: Briefly state your purpose.
*.
Grounds for Motion:
-
Improper Notification: Provide USPS records.
-
Unsigned UD-*: Attach evidence.
-
No Proof of Ownership: State the estate administrator’s lack of proof.
-
No Tenant/Landlord Relationship: Explain the absence of a rental agreement.
-
Incorrect Car Description: Attach car registration/photos.
*.
Evidence: Attach all supporting documents.
*.
Relief Requested: Ask the court to set aside the default judgment.
*.
Conclusion: Summarize and respectfully request relief.
Probate Case Actions
*.
Submit the Will: Ensure the will left by the mother is submitted to the probate court.
*.
Challenge the Administrator: File a petition if you believe the administrator is acting against the estate’s best interests.
*.
Evidence of Fraud: Collect andsubmit any documents showing fraudulent actions by the estate administrator.
Would you like more detailed templates or assistance with specific forms for either the motion or the probate case?
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