Unlawful Detainer Case Dismissal

Summary

To address an unlawful detainer case from 2004 in California, consider filing a motion to dismiss based on the statute of limitations. Identify the relevant statute, draft the motion citing the expired limitations, gather supporting evidence, and file it with the court. Wage garnishment requires a court order, and you can contest it by filing a Claim of Exemption or requesting a hearing. For CCP violations, detail the specific section violated in your motion. Consult a local attorney for personalized advice.

Full Conversation

I need to know what to do on a complex case from * unlawful detainer evection . The plaintiff filed * due on the same case # and renewed the judgment after statue of limitation
Hello ****,
To better assist you, could you please clarify if you have received any recent court notices or if any court actions have been taken recently regarding this case?
Thank you!
yes garnishment of wages
Hi ****, thank you for the information. Here are some general guidelines for wage garnishment in California:
- The judgment creditor must obtain a court order.
- You must be notified of the garnishment.
- There are limits on the amount that can be garnished (generally up to *% of disposable earnings).
Do you need information on how to contest the garnishment?
on an unlawful writ
Hi ****,
To help you with an unlawful writ related to your wage garnishment, you can consider the following steps:
- File a "Claim of Exemption" to object to the garnishment.
- Request a hearing to challenge the writ.
Would you like more details on how to file a "Claim of Exemption" in California?
I want a way to file a dismissal for the ccp violation
Hi ****,
To address a CCP (California Code of Civil Procedure) violation and seek dismissal, you may consider the following steps:
- Identify the specific CCP section violated.
- File a motion to dismiss with the court detailing the violation.
- Provide supporting evidence of the violation.
Would you like more details on filing a motion to dismiss in California?
yes statue of limitation
Hi ****,
To file a motion to dismiss based on the statute of limitations, consider the following steps:
- Identify the relevant statute of limitations for your case (e.g., CCP § * for written contracts is 4 years).
- Prepare a motion to dismiss, citing the expired statute of limitations.
- Include supporting evidence and file it with the court.
Would you like more detailed information on preparing the motion?
yes
Hi ****,
To prepare a motion to dismiss based on the statute of limitations in California:
- **Identify the Statute**: Determine the relevant statute of limitations for your case (e.g., CCP § * for written contracts is 4 years).
- **Draft the Motion**: Write a motion to dismiss, clearly stating the expired statute of limitations as the reason.
- **Gather Evidence**: Compile any supporting evidence showing the case exceeds the statute of limitations.
- **File with the Court**: Submit the motion and evidence to the court where your case is being heard.
Would you like more detailed steps on how to draft the motion?