Unlawful Detainer Defense Strategies

Summary

If you are an unnamed defendant in an unlawful detainer case, you can file a motion to set aside the default judgment due to improper service or challenge the validity of a quitclaim deed. You may also consider suing for emotional distress and financial loss, but proving these claims can be challenging. A motion to set aside nullifies a default judgment, while a motion to vacate asks the court to withdraw its previous order. Both motions have their challenges, but evidence like a quitclaim deed can strengthen your case. Consult a local property law attorney for personalized advice.

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I am an unnamed defendant in a unlawful detainer case. I want to know my rights and what can be done. Myself and owner were evicted by Estate Administrator who hired a lawyer to evict us using a * notice with no reasons stated, no court papers to respond to only to find out by lockout notice that judgment was filed by default. what can I do or myself and the legal owner which the Estate administrator may have given and used misleading statements to gain that right. She filed a quitclaim deed in *
I'm sorry to hear about your situation, ****. Here are some general points to consider:
- File a motion to set aside the default judgment due to improper service.
- Challenge the validity of the quitclaim deed.
- Consult a lawyer for legal advice specific to your situation.
Remember, each case is unique, and these are only general suggestions.
in the event I do win I sue this person for emotional distress and financial loss this has caused in my life
You could potentially sue for emotional distress and financial loss. However, keep in mind that:
- You must prove the defendant's actions directly caused your distress/loss.
- Emotional distress claims can be challenging to prove.
- It's advised to consult a lawyer for personalized advice.
is a motion to set aside mean she can go back and refile an unlawful detainer versus a motion to vacate?
A motion to set aside and a motion to vacate are different:
- A motion to set aside seeks to nullify a default judgment due to reasons like improper service. It generally does not prevent the plaintiff from refiling.
- A motion to vacate asks the court to withdraw its previous order or judgment. It could potentially end the case if granted.
do you know which are harder to be suscessful, especially if you have proof of service not being followed. No rental agreement, never paid rent and proof or copy of quitclaim deed?
Both motions have their challenges. However:
- A motion to set aside might be easier if you can prove improper service.
- A motion to vacate can be harder, as you must show the court made a mistake.
- Evidence like a quitclaim deed can strengthen your case.
Remember to consult a lawyer for advice tailored to your situation.
thanks I will look for a lawyer
That sounds like a great next step, ****. Please contact a local attorney who specializes in property law as soon as possible. They will be able to provide you with specific legal advice tailored to your situation.