All About Eviction
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|Posted on May 21, 2012 at 8:59 PM|
Because you can find anything you want on the internet, there are many new delay tactics out there that are being utilized by defendants in unlawful detainer actions. The latest is the removal of the case from state court to federal court by feigning a federal court issue. This does work in delaying the matter for a few weeks, but it is risky and the federal courts are wise to it. Also, the Defendant is leaving the door open for sanctions, which the courts are now granting with regularity.
Many defendants are paying up to $1,500 monthly for "delay services" which are promised by companies with catchy names like www.stayinyourhome.com or www.dontleaveyet.com. These companies promise that they will keep the defendant in his/her home for up to 6-9 months. There is no way to ensure this without committing fraud upon the court, and the California Bar Association is going after attorneys promising these types of results, and independent, non-attorneys who are clogging up the court system. The State of California is in a financial rescession and the courts, among other institutions, are majorly suffering from the cutbacks. It is criminal that in this economic climate, a defendant is allowed to file frivolous lawsuits just to delay the inevitable outcome. What these people don't tell the defendants is that the eviction will go on their record and they will also have a money judgment against them which will be collectible through wage garnishment or bank levy, or recorded as a personal lien through an Abstract of Judgment.
If you are a defendant and an unlawful detainer has already been filed against you, your best move is to try to enter into a Stipulated Judgment whereby you agree to vacate the property on a date certain and, in return, the plaintiff will agree not to go after you for monetary damages. However, don't enter into a Stipulated Judgment unless you are definitely going to comply, otherwise the consequences will be immediate eviction.
In the long run, it is better to take your $1,000 a month or $1,500 a month and save it away for the move-out costs and security deposit for your new home.
If you have already received a Notice of Default, don't pay these people to postpone your trustee's sale. Contact a HUD counselor or Maeve Elise Brown at HERA (Housing and Employment Rights Advocates) and have them legitimately fight for you. Don't pay someone $1,000 a month, but instead put your money away and start looking for another place to live that you can afford. An unlawful detainer action on your record will make your life miserable as a renter for many years later.