My question involves landlord-tenant law in the State of: California
My landlord served me papers and we went to court. At court, we came to a settlement before our case was called. The Court had us fill out a Form UD-115 Stipulation for Entry of Judgment. On the the form, we chose item 6b "Judgment will only be entered on default of the payment in item 2i or the payment plan in item 5a". 2 weeks later, after losing my job, I decided to file chapter 7 bk. I listed him on my original list of creditors as well as sending him a Notice of Commencement of Case. 2 days later, he got the Writ of Possession, which I was served with the following day. I notified the Sheriff's Department of the Bankruptcy and they said they would honor the stay. Then, about a week after that, they served me again and locked me out 2 days ago.
The UD-115 states that I have a right to a hearing regarding any default in terms My question is this. Is the judgment valid or was my landlord supposed to have requested a hearing? This is just one portion. The Automatic Stay is a whole other issue to deal with.
Thanks for your help,
Scott
My landlord served me papers and we went to court. At court, we came to a settlement before our case was called. The Court had us fill out a Form UD-115 Stipulation for Entry of Judgment. On the the form, we chose item 6b "Judgment will only be entered on default of the payment in item 2i or the payment plan in item 5a". 2 weeks later, after losing my job, I decided to file chapter 7 bk. I listed him on my original list of creditors as well as sending him a Notice of Commencement of Case. 2 days later, he got the Writ of Possession, which I was served with the following day. I notified the Sheriff's Department of the Bankruptcy and they said they would honor the stay. Then, about a week after that, they served me again and locked me out 2 days ago.
The UD-115 states that I have a right to a hearing regarding any default in terms My question is this. Is the judgment valid or was my landlord supposed to have requested a hearing? This is just one portion. The Automatic Stay is a whole other issue to deal with.
Thanks for your help,
Scott
Recovery of Premises: Does My Landlord Have a Sufficient Judgment
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