Wednesday, October 22, 2014

What should I do if a tenant didn't move on the stipulated judgement date? (Rent control area Los Angeles)

Question

What should I do if a tenant didn't move on the stipulated judgement date?

(Rent control area Los Angeles)



Answer

The first question I would ask is whether or not the stipulation is for an existing judgment that can be enforced by a writ of possession, or whether a motion must be filed to enforce the judgment.



Answer

Sometimes, parties enter into a stipulation for judgment, which means that they would have to go to court either ex parte (the next day) or file a noticed motion to enter a judgment. On the other hand, a stipulated judgment means that judgment is entered immediately, and the plaintiff only needs to secure a writ of execution if the party hasn't left, and bring the writ to the sheriff to evict the defendant. If the stipulation allows for ex parte notice, call the other side (or their attorney) before 10 a.m. the day before and tell them you'll be in whatever department the court sets to hear the matter, and show up with the stipulation and your signed declaration stating that the party didn't move and you want judgment. Bring a completed judgment form with you. (Remember to file the ex parte application in advance and pay the filing fee at the clerk's office.) You can find a judgment form on the internet.



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